The Confidentiality Agreement Employee Leaving is a crucial document used when an employee is departing from their role and has had access to sensitive company information during their employment. This agreement is specifically designed for use in Malaysia and complies with local employment laws and regulations. It's typically implemented during the employee exit process to ensure continued protection of confidential information, trade secrets, customer data, and other proprietary information after the employment relationship ends. The agreement outlines specific obligations regarding non-disclosure, return of company property, and potential restrictions on future activities, with provisions for enforcement under Malaysian jurisdiction. It's particularly important for roles involving access to sensitive business information, technical data, or strategic planning.
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1. Parties: Identification of the employer and the departing employee
2. Background: Context of the agreement, including employee's role and access to confidential information
3. Definitions: Detailed definitions of confidential information, trade secrets, intellectual property, and other key terms
4. Confidentiality Obligations: Core obligations regarding non-disclosure and protection of confidential information
5. Return of Company Property: Requirements for returning all company documents, data, and property
6. Non-Use of Confidential Information: Specific restrictions on using confidential information post-employment
7. Duration of Obligations: Time period for which confidentiality obligations remain in effect
8. Breach and Remedies: Consequences of breach and available legal remedies
9. Governing Law: Specification of Malaysian law as governing law
10. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments
1. Non-Solicitation: Restrictions on soliciting company employees or customers, included when the employee had significant client contact
2. Non-Competition: Restrictions on competing activities, included when justified by employee's position and access to sensitive information
3. Intellectual Property Rights: Additional provisions regarding IP created during employment, included when relevant to employee's role
4. Data Protection: Specific obligations regarding personal data handling, included when employee had access to personal data
5. Survival of Terms: Specification of which terms survive termination, included for additional clarity
6. Alternative Dispute Resolution: Mediation or arbitration provisions, included when preferred over court proceedings
1. Schedule 1 - List of Confidential Information: Detailed categorization of confidential information specific to employee's role
2. Schedule 2 - Company Property to be Returned: Itemized list of physical and digital assets to be returned
3. Schedule 3 - Existing Agreements: Reference to existing employment agreement and confidentiality provisions
4. Appendix A - Acknowledgment Form: Form for employee to acknowledge return of all company property and compliance with obligations
Relevant legal definitions
Clauses
Relevant Industries
Technology
Financial Services
Healthcare
Manufacturing
Professional Services
Telecommunications
Research and Development
Pharmaceuticals
Consumer Goods
Energy
Defense
Media and Entertainment
Relevant Teams
Human Resources
Legal
Information Technology
Research and Development
Executive Leadership
Finance
Sales
Operations
Product Development
Marketing
Customer Service
Engineering
Relevant Roles
Chief Executive Officer
Chief Technology Officer
Senior Manager
Research Scientist
Software Developer
Financial Controller
Sales Director
Product Manager
Business Development Manager
HR Manager
Operations Manager
Project Manager
Technical Lead
Systems Administrator
Data Analyst
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