The Confidentiality Agreement Employee Leaving is essential when an employee who has had access to sensitive company information ends their employment relationship. This document is particularly relevant in the Australian business context, where it must comply with federal and state legislation including the Corporations Act 2001, Privacy Act 1988, and relevant employment laws. It should be used when an employee resigns, is terminated, or otherwise leaves the organization, especially if they had access to trade secrets, client information, strategic plans, or other confidential material. The agreement typically includes detailed provisions about what constitutes confidential information, ongoing obligations for non-disclosure, requirements for returning company property, and remedies for breach. It serves to protect the organization's intellectual property and competitive advantage while ensuring the departing employee understands their continuing obligations.
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1. Parties: Identifies the employer and departing employee who are parties to the agreement
2. Background: Sets out the context of the agreement, including the employee's former role and access to confidential information
3. Definitions: Defines key terms including 'Confidential Information', 'Trade Secrets', 'Intellectual Property', and other relevant terms
4. Acknowledgment of Confidentiality Obligations: Employee's acknowledgment of having accessed confidential information during employment
5. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
6. Continuing Obligations: Specific ongoing obligations regarding non-disclosure and protection of confidential information
7. Return of Confidential Information: Requirements for returning or destroying all confidential information and company property
8. Permitted Disclosures: Circumstances under which confidential information may be disclosed (e.g., legal requirements, court orders)
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 contract clauses including governing law, jurisdiction, and entire agreement
1. Intellectual Property Rights: Additional provisions regarding IP rights where the employee was involved in creation of IP
2. Non-Competition Obligations: Include when reasonable restrictive covenants are necessary to protect business interests
3. Garden Leave Provisions: Include when the employee is placed on garden leave during notice period
4. Third Party Information: Include when employee had access to confidential information of clients or business partners
5. Social Media and Digital Assets: Include when employee had access to or control over company social media accounts or digital assets
6. Reference and Announcements: Include when parties want to agree on how departure will be communicated
7. Survival of Other Obligations: Include when other employment agreement obligations need to survive termination
1. Schedule 1 - Confidential Information: Detailed list of specific confidential information and trade secrets covered
2. Schedule 2 - Company Property: List of company property, documents, and materials to be returned
3. Schedule 3 - Existing Commitments: List of ongoing projects or commitments that require handover
4. Appendix A - Acknowledgment Form: Form for employee to confirm return of all confidential information and company property
Relevant legal definitions
Clauses
Relevant Industries
Technology
Financial Services
Healthcare
Manufacturing
Professional Services
Retail
Telecommunications
Media and Entertainment
Energy
Biotechnology
Construction
Education
Legal Services
Research and Development
Relevant Teams
Human Resources
Legal
Information Technology
Research and Development
Executive Leadership
Finance
Sales
Marketing
Operations
Product Development
Customer Service
Business Development
Engineering
Data Analytics
Strategy
Relevant Roles
Chief Executive Officer
Chief Financial Officer
Chief Technology Officer
Senior Manager
Project Manager
Research Scientist
Software Developer
Financial Analyst
Human Resources Manager
Sales Director
Product Manager
Business Development Manager
Legal Counsel
Operations Manager
Marketing Director
Account Manager
Systems Administrator
Data Analyst
Engineer
Executive Assistant
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