A commercial position occasionally included in an NDA is a no-poaching clause (sometimes called "non-solicitation").  

NDAs are often used to protect confidential information during the negotiation of a wider agreement. For example, an agreement to purchase a business, or a long term services engagement. Particularly if those negotiations get quite detailed, there might be a risk that key employees could be targeted by the other party in the negotiation. For example, as an alternative to purchasing the business or services.

To prevent this, you might seek to include an obligation on the other party not to poach employees. While you might have a restraint of trade agreed with your employee, that will only allow you to take action against the employee, not the other company. Obtaining a contractual commitment from the other company will make it easier for you enforce the obligation against them directly.

If you select this option in a Haggle NDA, the no poaching obligation will apply for a period of 90 days from the date the NDA is signed. It will not prevent an employee responding to a public job advertisement.

To see what a non-poaching clause will look like in practice, try selecting one using our free interactive NDA explorer.


Learn more detail about NDAs with our complete guide to NDAs.