Mutual NDA Template for Israel

Yes. NDAs are enforceable under Israeli contract law and the Commercial Torts Law 5759-1999. However, Israeli courts tend to be pro-employee and may limit the scope of post-employment confidentiality obligations, particularly if they effectively prevent someone from working in their field.

Under Section 5 of the Commercial Torts Law, a trade secret is business information that is not public knowledge, where its secrecy gives the owner a business advantage, and the owner takes reasonable steps to maintain its secrecy. This is similar to the US UTSA definition.

You can protect genuine trade secrets, but Israeli courts closely scrutinize restrictions on former employees. General confidentiality obligations are usually upheld, but non-compete restrictions are heavily limited. The Supreme Court requires balancing employer rights against employee freedom to work.

NDAs in Israel are commonly drafted in both Hebrew and English, especially in the tech sector. If there is a dispute between versions, specify which language version prevails. For international deals, English is typically the governing language.