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Drafting Non-Disclosure Agreements & Non-Compete Agreements Advantages · Disadvantages · Case Law · Protecting Your Clients & Your Business

Drafting Non-Disclosure Agreements & Non-Compete Agreements Advantages · Disadvantages · Case Law · Protecting Your Clients & Your Business

Dates

  • to
    Delivered Online
    €60 - €180
    Book

Highlights

  • Live Online

  • HRDA Subsidised

  • 6 CPD Units · 6 Hours


The programme is delivered by the Centre for Vocational and Lifelong Learning (KEDMA) of the Open University of Cyprus.


Course Overview

This programme provides specialised training in the drafting and evaluation of two of the most commonly used — yet frequently misunderstood — instruments in commercial law: Non-Disclosure Agreements (NDAs) and Non-Compete Agreements/Clauses.

The programme examines their legal foundations under Cyprus and English law, the key principles determining whether such clauses are enforceable or binding, relevant case law, and, most importantly, the practical drafting skills required by professionals to effectively protect their clients or their own businesses.

Delivered in English, the programme reflects the practical reality that most commercial agreements of this nature are drafted in English within the Cypriot business environment. It combines theoretical analysis with extensive practical application through the critical evaluation of real clauses, drafting workshops, worksheets, and case studies based on Cypriot and English case law.


Training Objectives

Upon completion of the programme, participants will be able to:

  • Describe the legal framework governing NDAs and non-compete clauses under Cyprus law (including common law principles and the Contract Law, Cap. 149) and in relation to EU Directive 2016/943 on trade secrets.

  • Distinguish between different types of NDAs (unilateral, mutual, and multilateral) and identify the circumstances in which each type is appropriate.

  • Discuss issues of consideration in NDAs.

  • Explain the key requirements for the enforceability of non-compete clauses, including legitimate business interest, reasonable duration, geographical scope, and subject matter.

  • Identify the advantages and disadvantages of NDAs and non-compete agreements for each contracting party.

  • Analyse significant English and Cypriot case law concerning confidentiality obligations and restrictive covenants.

  • Identify clauses that may be excessive, unclear, unreasonable, or likely to be deemed unenforceable.

  • Explain the available remedies in cases of breach of NDAs or non-compete clauses, including injunctions, damages, and account of profits.

  • Draft NDAs that effectively protect a client’s interests, including clear definitions of confidential information, exclusions, and contractual obligations.

  • Draft enforceable non-compete clauses under Cyprus law that are reasonable, proportionate, and appropriately targeted.

  • Critically evaluate NDAs and non-compete clauses presented to clients, identify potential risks, and recommend amendments.

  • Select between non-compete clauses, non-solicitation clauses, and non-dealing clauses depending on the client’s objectives and circumstances.

  • Develop appropriate strategies for responding to breaches of NDAs or restrictive covenants.

  • Assess whether a restrictive clause is fair, necessary, and proportionate or whether it imposes unjustified limitations.

  • Develop professional awareness of the balance between protecting legitimate business interests and preserving freedom of employment.

  • Recognise that effective protection requires careful planning and drafting at the outset rather than reactive measures after a breach occurs.


Training Outline

  • NDAs — Legal Framework, Types & Key Clauses

  • Drafting NDAs — Workshop

  • Non- Compete Agreements — Framework & Enforceability

  • Case Law — NDAs & Non-Competes in Practice Drafting Non- Competes & Protecting Your Business

  • Πρακτική Εφαρμογή


Who Should Attend

The seminar is ideal for:

  • Lawyers specialising in commercial, corporate, and employment law

  • In-house legal counsel and corporate legal advisors

  • Fiduciary service provicers

  • Chief Executive Officers and senior executives

  • HR Managers and Human Resources Directors

  • Professionals involved in mergers and acquisitions (M&A), joint ventures, and investment agreements


Training Style

The programme adopts an interactive and participatory training approach, combining theoretical knowledge with practical application. The training sessions will be delivered through presentations, guided discussions, analysis of real-life cases, and practical exercises, enabling participants to develop a comprehensive understanding of the subject matter.

Throughout the programme, participants will be encouraged to exchange experiences and actively engage in discussions, linking new knowledge with the challenges and requirements of their professional environment.

Through practical workshops and targeted feedback from the trainer, participants will enhance their ability to effectively apply the knowledge and skills acquired in their daily professional practice.


CPD Recognition

This programme may be approved for up to 6 CPD units in Law. Eligibility criteria and CPD Units are verified directly by your association, regulator or other bodies which you hold membership.


In-house Training

For groups within the same organisation, this course may be customized to meet any specific needs and delivered in-house.


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Facilitators

  • DP

    Dr Chrysthia Papacleovoulou

    Read moreShow less

    Dr. Chrysthia Papacleovoulou is an Assistant Professor of Commercial Law at Open University of Cyprus. She had her LLB-Law from King’s College University of London, an LLM in Anglo-American Law with Commendation from City University London, and her Ph.D. thesis entitled “The Εmerging Global Corporation” from University of London, London Birkbeck College, with scholarship. She is an Honorary Fellow of the Association of Fellows & Legal Scholars of the Centre of International Legal Studies. She is a member of the Society of Trust and Estate Practitioners (STEP). She has taught, inter alia, business law, trust law, company law, tax law, international commercial arbitration and international economic law at private universities in Cyprus and business law at the University of Cyprus. Dr. Papacleovoulou‘s specialisation is on business law and she has given expert legal opinions before the High Court of London and International Arbitration Tribunals. Her research interests are focused on company law, cross-border disputes and the use of tax and corporate structures, trust law and international commercial arbitration with emphasis on Bilateral Investment Treaties Arbitration. She has presented papers at local and international conferences, and has published in international journals and book sections.

Frequently Asked Questions

  • What is the HRDA?

    The Human Resource Development Authority (HRDA) of Cyprus is a semi-government governmental organisation that supports the development of workforce skills through training and development initiatives. Eligible training programmes approved by the HRDA may qualify for a subsidy, reducing the participation cost for eligible organisations and individuals, subject to the HRDA's terms and conditions.

  • What is ERMIS?

    ERMIS is the online platform of the Human Resource Development Authority (HRDA) of Cyprus, used for managing training programme registrations, participant details, subsidy applications, and attendance records. All participants attending HRDA-approved courses must have an ERMIS profile and use the platform’s attendance register to check in and check out during each course session. https://ermis.anad.org.cy/

  • Who is eligible for the HRDA subsidy?

    The HRDA subsidy is available to:

    • Companies registered in Cyprus that are applying for their employees.
    • Unemployed individuals who meet the eligibility requirements (see the FAQ below for required documents).
    • Self-employed individuals registered as self-employed in their ERMIS profile.

    To receive the subsidy, eligible persons must attend at least 75% of the course. 

  • Is an ERMIS profile required?

    Yes. ALL participants attending HRDA-approved courses must have an ERMIS profile, whether applying for the subsidy or not.

    • Companies applying for the HRDA subsidy for their employees:
    1. The company must have an ERMIS profile as a Legal Entity.
    2. The company must have their Employer role approved on the ERMIS system.
    3. Each participating employee, as well as a company authorised person and the company’s director, must have an ERMIS profile as a Natural Person
    4. The employees' and representatives’ profiles must be linked to the company's ERMIS profile.
    • All Individuals
    1. Must have an ERMIS profile as a Natural Person.

    You can create or access your ERMIS profile here: https://ermis.anad.org.cy/

  • What documents do unemployed individuals need to apply for the HRDA subsidy?

    When registering for the course through ERMIS, you must upload both of the following documents obtained from the Public Employment Service:

    1. A referral for participation in HRDA Multicompany courses (Παραπεμπτικό για Πολυεπιχειρησιακά Προγράμματα της ΑνΑΔ).
    2. An ES19 form confirming that you were unemployed from at least the course start date.
  • Is the check-in and check-out process in ERMIS mandatory?

    Yes. All participants must log onto the ERMIS system and check onto the attendance register when they join a course session and check out when they leave a course session, as HRDA records attendance.

    To receive the subsidy, eligible persons must attend at least 75% of the course. Check-ins and check-outs reflect actual attendance.
     

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