The Confidentiality And Non Disclosure Agreement For Employees is a critical legal document used when onboarding new employees or formalizing confidentiality obligations with existing staff. It's essential in the United States business environment where protection of trade secrets and confidential information is paramount. The agreement complies with federal laws including the Defend Trade Secrets Act of 2016 and state-specific requirements, incorporating mandatory whistleblower provisions. This document should be implemented before an employee gains access to sensitive company information and remains effective throughout employment and for a specified period afterward. It covers various aspects including definition of confidential information, handling requirements, permitted disclosures, and consequences of breach, while balancing employer protection with employee rights under US law.
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1. Parties: Identification of the employer and employee entering into the agreement
2. Background: Context of the agreement, including the nature of employment and need for confidentiality
3. Definitions: Detailed definitions of key terms, especially 'Confidential Information', 'Trade Secrets', and 'Intellectual Property'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Employee Obligations: Core confidentiality obligations and requirements for handling confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including whistleblower provisions
7. Security Measures: Specific requirements for maintaining security of confidential information
8. Return of Confidential Information: Requirements for returning or destroying confidential information upon termination
9. Duration of Obligations: Time period for which confidentiality obligations remain in effect
10. Breach and Remedies: Consequences of breaching the agreement and available remedies
11. General Provisions: Standard legal provisions including governing law, jurisdiction, and entire agreement
1. Non-Solicitation: Optional restrictions on soliciting other employees or customers, if permitted by state law
2. Intellectual Property Assignment: Additional provisions regarding ownership and assignment of IP created during employment
3. Data Privacy Compliance: Specific provisions for handling personal data under applicable privacy laws
4. Remote Work Provisions: Additional security and confidentiality requirements for remote working arrangements
5. Industry-Specific Provisions: Additional provisions required for specific industries (e.g., healthcare, financial services)
6. International Transfer Provisions: Additional provisions for employees who may transfer or access information internationally
1. Schedule 1 - Categories of Confidential Information: Detailed list of specific types of confidential information covered
2. Schedule 2 - Security Protocols: Detailed security procedures and requirements for handling confidential information
3. Schedule 3 - Approved Third Party Recipients: List of approved third parties who may receive confidential information
4. Appendix A - Acknowledgment Form: Form for employee to sign acknowledging receipt and review of the agreement
5. Appendix B - Exit Certificate: Form for employee to sign upon termination confirming compliance with return/destruction requirements
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