Can an employer disclose a departing employee’s restrictive covenants to their new employer?

Posted in : First Tuesday Q&A NI on 4 June 2019
Arthur Cox
Arthur Cox
Issues covered:

It is standard course for an employer to notify a departing employee’s new employer of any post-termination restrictions in place. Often this will simply be by cutting and pasting across the relevant sections from the employee’s contract of employment.  

An employee’s contract of employment will contain “personal data” as defined under Article 4(1) of the GDPR and disclosure of such information to a new employer would amount to “processing”. In order to lawfully process personal data, an employer must have a lawful basis to do so in accordance with Article 6(1) of the GDPR.  

The most applicable grounds that the former employer will be able to rely on are

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Back to Q&A's This article is correct at 04/06/2019

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Arthur Cox
Arthur Cox

The main content of this article was provided by Arthur Cox. Contact telephone number is 028 9023 0007 or email

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