The Employment Confidentiality And Non Disclosure Agreement is essential for protecting an organization's sensitive information in the Irish employment context. This document should be used when establishing new employment relationships or updating existing agreements to ensure proper protection of confidential information, trade secrets, and intellectual property. It encompasses provisions required under Irish employment law, including compliance with the Data Protection Act 2018 and GDPR, while addressing specific industry needs for information security. The agreement is particularly important for roles involving access to sensitive business information, customer data, or proprietary technology. It includes detailed definitions of confidential information, specific employee obligations, permitted disclosures, and post-employment responsibilities, all within the framework of Irish employment legislation and EU directives.
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1. Parties: Identification of the employer and employee, including their registered addresses and company/personal details
2. Background: Context of the employment relationship and purpose of the agreement
3. Definitions: Detailed definitions of 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: Core confidentiality obligations and specific duties of the employee regarding confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including legal requirements and whistleblowing provisions
7. Data Protection Compliance: Specific obligations regarding personal data handling in compliance with GDPR and Irish Data Protection Act
8. Duration of Obligations: Timeframe for confidentiality obligations, including post-employment period
9. Return of Confidential Information: Procedures for returning or destroying confidential information upon employment termination
10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
11. General Provisions: Standard clauses including severability, entire agreement, and governing law
1. Intellectual Property Rights: Specific provisions regarding IP created during employment - used when the role involves creative or technical work
2. Third Party Information: Provisions regarding confidential information belonging to third parties - used when employee will handle client or partner data
3. Remote Working Provisions: Additional security and confidentiality measures for remote work - used when employee works from home or remotely
4. International Transfer of Data: Provisions for handling international data transfers - used when employee will work with international offices or clients
5. Social Media and Electronic Communications: Specific provisions regarding confidentiality in digital communications - used for roles with significant online presence
6. Post-Employment Restrictions: Additional non-compete or non-solicitation provisions - used for senior roles or when specifically required
1. Schedule 1 - Categories of Confidential Information: Detailed list of specific types of confidential information relevant to the role
2. Schedule 2 - Security Procedures: Detailed procedures for handling and storing confidential information
3. Schedule 3 - Approved Third Party Recipients: List of approved third parties who may receive certain confidential information
4. Appendix A - Data Protection Policy: Company's data protection policy and procedures
5. Appendix B - Information Security Guidelines: Specific guidelines for maintaining information security
6. Appendix C - Incident Reporting Procedures: Procedures for reporting confidentiality breaches or security incidents
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