Employment Non Compete And Confidentiality Agreements are essential legal instruments for Irish businesses seeking to protect their legitimate interests, trade secrets, and competitive advantage. These agreements are typically implemented when onboarding new employees or updating terms for existing staff members who have access to sensitive information, valuable client relationships, or strategic business knowledge. The document must comply with Irish employment law, which requires that restrictive covenants be reasonable and no wider than necessary to protect legitimate business interests. It must also align with GDPR requirements for data protection and the Constitutional right to earn a livelihood. The agreement is particularly crucial for knowledge-intensive industries and senior positions where employees have access to valuable proprietary information or significant client relationships.
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1. Parties: Identifies the employer and employee with full legal names and addresses
2. Background: Sets out the context of the agreement and the employee's role
3. Definitions: Defines key terms including Confidential Information, Intellectual Property, Restricted Business, and Territory
4. Duration and Term: Specifies when the agreement takes effect and its duration
5. Confidentiality Obligations: Details the employee's obligations regarding confidential information during and after employment
6. Data Protection: Addresses handling of personal data in compliance with GDPR
7. Non-Compete Provisions: Specifies restrictions on working with competitors post-employment
8. Non-Solicitation: Prohibits solicitation of customers, clients, and employees
9. Intellectual Property Rights: Addresses ownership and protection of IP created during employment
10. Return of Company Property: Requirements for returning company materials upon termination
11. Breach and Remedies: Consequences of breaching the agreement and available remedies
12. General Provisions: Standard clauses including severability, entire agreement, and governing law
1. Garden Leave: Used when the employer wants the right to place employee on paid leave during notice period
2. International Transfer of Data: Required when employee's role involves international data transfers
3. Training Repayment: Include when significant training costs are invested in the employee
4. Monitoring and Compliance: Additional section for roles with high security or regulatory requirements
5. Stock Options/Equity: Include when employee has or will receive company shares or options
6. Industry-Specific Restrictions: Additional restrictions specific to certain regulated industries
7. Third Party Rights: Include when group companies need protection under the agreement
8. Post-Termination Assistance: Used for senior roles where handover assistance may be required
1. Schedule 1 - Restricted Territory: Detailed definition of geographic areas covered by restrictions
2. Schedule 2 - Confidential Information: Specific categories and examples of confidential information
3. Schedule 3 - Restricted Clients: List of specific clients covered by non-solicitation provisions
4. Schedule 4 - Intellectual Property: Details of existing IP and specific IP provisions
5. Schedule 5 - Data Processing Activities: Details of personal data processing activities if relevant to role
6. Appendix A - Acknowledgment Form: Form for employee to acknowledge receipt and understanding of agreement
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