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Employer Non Disclosure Agreement Template for Canada

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Key Requirements PROMPT example:

Employer Non Disclosure Agreement

"I need an Employer Non Disclosure Agreement for a Canadian technology startup with 50 employees, specifically addressing protection of source code, customer data, and including remote work security protocols."

What is a Employer Non Disclosure Agreement?

The Employer Non Disclosure Agreement is a crucial document used in Canadian employment relationships to protect an organization's confidential information, trade secrets, and intellectual property. This agreement should be implemented at the start of employment or when an existing employee begins accessing sensitive information. It establishes clear guidelines for handling confidential information while ensuring compliance with Canadian federal and provincial privacy laws, including PIPEDA and provincial employment standards. The document typically includes definitions of confidential information, employee obligations, security measures, and consequences of breach. It's particularly important in industries handling sensitive data or proprietary information, and should be reviewed by legal counsel to ensure enforceability under Canadian law.

What sections should be included in a Employer Non Disclosure Agreement?

1. Parties: Identifies the employer and employee, including their legal names and addresses

2. Background: Explains the context of the employment relationship and the need for confidentiality

3. Definitions: Defines key terms including 'Confidential Information', 'Trade Secrets', 'Intellectual Property', and other relevant terms

4. Scope of Confidential Information: Detailed description of what constitutes confidential information within the employment context

5. Employee Obligations: Details the employee's duties regarding confidential information, including protection, non-disclosure, and proper usage

6. Permitted Disclosures: Specifies circumstances under which confidential information may be disclosed, including legal requirements and business necessity

7. Security Measures: Outlines the 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: Specifies how long the confidentiality obligations remain in effect

10. Breach and Remedies: Describes what constitutes a breach and the consequences, including available legal remedies

11. General Provisions: Standard clauses including governing law, severability, and entire agreement

What sections are optional to include in a Employer Non Disclosure Agreement?

1. Intellectual Property Assignment: Additional section when the employee may create IP during employment that needs to be assigned to the employer

2. Third Party Information: Used when the employee may have access to confidential information belonging to clients or business partners

3. Remote Work Provisions: Additional security and confidentiality measures specific to remote working arrangements

4. Non-Competition: Optional restrictions on competitive activities, subject to Canadian law limitations on restrictive covenants

5. Non-Solicitation: Restrictions on soliciting employees or customers, if appropriate for the role

6. Whistleblower Protection: Clarifies employee rights to report illegal activities to authorities despite confidentiality obligations

7. Privacy Law Compliance: Specific provisions for roles handling personal information under PIPEDA or provincial privacy laws

What schedules should be included in a Employer Non Disclosure Agreement?

1. Schedule A - Categories of Confidential Information: Detailed list of types and categories of confidential information covered by the agreement

2. Schedule B - Security Protocols: Specific procedures and protocols for handling confidential information

3. Schedule C - Approved Third Party Recipients: List of approved third parties who may receive confidential information if applicable

4. Appendix 1 - Employee Acknowledgment Form: Form for employee to acknowledge receipt and understanding of the NDA

5. Appendix 2 - Exit Certification: Form for employee to certify compliance upon employment termination

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions








































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Relevant Industries

Technology

Healthcare

Financial Services

Professional Services

Manufacturing

Research and Development

Retail

Telecommunications

Biotechnology

Education

Government

Energy

Consulting

Media and Entertainment

Legal Services

Relevant Teams

Human Resources

Legal

Information Technology

Research and Development

Executive Leadership

Finance

Product Development

Sales

Marketing

Operations

Customer Service

Business Development

Data Analytics

Engineering

Administration

Relevant Roles

Chief Executive Officer

Chief Technology Officer

Senior Developer

Human Resources Manager

Research Scientist

Financial Analyst

Product Manager

Legal Counsel

Data Scientist

Business Development Manager

Systems Administrator

Project Manager

Executive Assistant

Marketing Director

Operations Manager

Software Engineer

Account Manager

Consultant

Department Head

Research Assistant

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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