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Candidate Non Disclosure Agreement for Singapore

Candidate Non Disclosure Agreement Template for Singapore

A legally binding agreement under Singapore law designed to protect confidential information shared during the recruitment process. This document establishes obligations for candidates to maintain confidentiality of sensitive business information, trade secrets, and intellectual property they may be exposed to during interviews and assessments. It includes provisions for data protection compliance under Singapore's PDPA and specifies remedies for breach.

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What is a Candidate Non Disclosure Agreement?

The Candidate Non Disclosure Agreement is essential for protecting sensitive business information during the recruitment process in Singapore. It should be used before sharing any confidential information with potential employees, particularly during technical interviews, facility tours, or detailed discussions about business operations. This document ensures compliance with Singapore's Personal Data Protection Act and common law principles of confidentiality, while providing clear remedies in case of unauthorized disclosure.

What sections should be included in a Candidate Non Disclosure Agreement?

1. Parties: Identification of the company and the candidate

2. Background: Context of the NDA, including purpose of sharing confidential information

3. Definitions: Key terms including 'Confidential Information', 'Permitted Purpose'

4. Confidentiality Obligations: Core obligations regarding use and protection of confidential information

5. Duration: Term of confidentiality obligations

6. Return of Information: Requirements for returning or destroying confidential information

7. Governing Law: Specification of Singapore law as governing law

What sections are optional to include in a Candidate Non Disclosure Agreement?

1. Non-Solicitation: Prevents candidate from soliciting employees/clients. Used for senior positions or when candidate will have access to sensitive relationship information

2. Intellectual Property Rights: Additional provisions regarding IP ownership. Used when candidate may be exposed to proprietary technology or creative works

3. Data Protection: Specific obligations regarding personal data. Used when candidate will have access to personal data

What schedules should be included in a Candidate Non Disclosure Agreement?

1. Schedule 1 - Types of Confidential Information: Detailed list of categories of confidential information

2. Schedule 2 - Permitted Disclosures: List of circumstances where disclosure is permitted

3. Schedule 3 - Security Measures: Required security measures for protecting confidential information

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Singapore

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions




















Clauses

























Industries

Personal Data Protection Act 2012: Primary legislation governing the collection, use, disclosure and care of personal data in Singapore. Essential for ensuring the NDA complies with data protection requirements.

Employment Act (Chapter 91): Main labor law in Singapore that provides the basic terms and working conditions for employees, relevant for candidate relationships.

Contract Law: Common law principles governing contract formation, validity, and enforcement in Singapore, fundamental for NDA structuring.

Evidence Act (Chapter 97): Legislation governing the admissibility of evidence in legal proceedings, relevant for enforcement of NDA breaches.

Official Secrets Act: Legislation protecting government-related confidential information, must be considered if the position involves government contracts or information.

Banking Act: Regulates banking operations and banking secrecy in Singapore, relevant if the position involves banking sector information.

Securities and Futures Act: Governs securities, futures, and derivatives markets, crucial for positions dealing with market-sensitive information.

Copyright Act: Protects original works and intellectual property rights, relevant for confidential information involving copyrighted materials.

Patents Act: Protects inventions and innovative processes, important for technical positions involving proprietary technology.

Trade Marks Act: Protects distinctive signs and brands, relevant for confidential information involving branding and marketing.

Competition Act: Ensures fair competition and prevents anti-competitive practices, relevant for ensuring NDA restrictions are not overly broad.

Workplace Safety and Health Act: Ensures workplace safety and health standards, may be relevant for confidential information related to safety protocols.

Singapore Constitution: Fundamental law establishing basic rights and freedoms, ensures NDA provisions don't infringe on constitutional rights.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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