Are NDAs legally binding in Ireland? A guide for employers [2024]

If you’re an employer hiring in Ireland, you’re likely intending to use a non-disclosure agreement (NDA) to ensure your new employee keeps sensitive company information confidential.

However, as in many countries across the European Union and the British Commonwealth, NDAs have recently come under scrutiny by the Irish authorities. In 2021, the Irish government passed The Employment Equality (Amendment) (Non-Disclosure Agreements) Bill 2021, which restricts the use of NDAs to prevent them from being used to cover up harassment and other criminal activities in the workplace. We’ll take a deep dive into this bill later on.

As an employer, you’re likely wondering: Are NDAs enforceable in Ireland? How can you use non-disclosure agreements to protect yourself and your employees across the globe? This guide will answer these questions and more.

(Note: This guide is for informational purposes only. It is not intended to provide legal advice.)

What is an NDA?

Let’s start by defining an NDA. Simply put, an NDA (also known as a non-disclosure agreement or a confidentiality agreement—these terms are used interchangeably) legally prohibits signatories, such as employees and solicitors, from disclosing sensitive information to third parties.

In a workplace, non-disclosure agreements ensure things like trade secrets, know-how that’s crucial to company success, and intellectual property are protected from third parties and competitors. However, as mentioned earlier, The Employment Equality (Amendment) (Non-Disclosure Agreements) Bill 2021 prevents employers from forcing employees to sign NDAs when the latter has been the victim of sexual harassment, discrimination, and other serious violations in order to keep them from alerting the proper authorities.

As of October 2023, this bill had completed its Fifth Stage, meaning it is now set down for the Second Stage in the Dáil (also known as Final Stage). While the legal process is slow, you should expect changes in the way employers can use NDAs over the next few years.

Are non-disclosure agreements enforceable in Ireland?

The short answer is yes—under certain circumstances, Irish courts have upheld NDAs as enforceable. Before you rejoice, however, there are a few things you should know about NDAs and Irish law:

• NDAs must meet certain requirements for them to be considered both legal and ethical (more on that below).
• Public and political attitudes towards NDAs have changed in recent years in Ireland, especially once it became clear employers were using them for unethical purposes. In Ireland particularly, it’s important to consult a solicitor to ensure you stay up to date on the rapidly changing regulations surrounding NDAs (again, more on this later).

You can generate NDAs, offer letters, and any other documents you need, then easily send them out for e-signature—all through Rippling.

Rippling compliantly creates NDAs with every job offer