The Non Disclosure Form For Employees is a critical document used in Australian employment relationships to protect an organization's confidential information, trade secrets, and intellectual property. This document should be implemented at the commencement of employment or when an existing employee gains access to sensitive information. It establishes clear obligations regarding the handling of confidential information, defines what constitutes confidential information, and outlines the consequences of unauthorized disclosure. The agreement is designed to comply with Australian federal and state legislation, including the Corporations Act 2001, Privacy Act 1988, and Fair Work Act 2009, while maintaining reasonable and enforceable provisions that protect legitimate business interests without unduly restricting employee rights.
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1. Parties: Identifies the employer and employee who are entering into the NDA
2. Background: Sets out the context of the agreement, including the employee's role and the nature of confidential information they may access
3. Definitions: Defines key terms used in the agreement, particularly 'Confidential Information', 'Intellectual Property', and other relevant terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Core provisions detailing the employee's duties to maintain confidentiality
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed
7. Security Measures: Specific measures the employee must take to protect confidential information
8. Return of Confidential Information: Requirements for returning or destroying confidential information upon employment termination
9. Duration of Obligations: Period for which confidentiality obligations remain in force
10. General Provisions: Standard contract clauses including governing law, entire agreement, and severability
1. Non-Competition: Restrictions on working with competitors - only include if specifically required and ensure compliance with competition law
2. Non-Solicitation: Restrictions on soliciting other employees or customers - include for senior roles
3. Intellectual Property Rights: Additional provisions about IP ownership and assignment - include for technical or creative roles
4. Social Media Usage: Specific provisions about confidentiality in social media context - include for marketing or public-facing roles
5. Third Party Information: Provisions about handling confidential information belonging to third parties - include if employee will have access to client/partner data
1. Schedule 1 - Categories of Confidential Information: Detailed list of specific types of confidential information relevant to the employee's role
2. Schedule 2 - Security Protocols: Specific procedures and protocols for handling confidential information
3. Schedule 3 - Approved Third Party Recipients: List of approved third parties to whom confidential information may be disclosed
4. Appendix A - Acknowledgment Form: Form for employee to sign acknowledging receipt and understanding of the NDA
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