Employee And Employer Confidentiality Agreement

Employee And Employer Confidentiality Agreement for the United States

Employee And Employer Confidentiality Agreement Template for United States

A legally binding agreement under U.S. law that establishes confidentiality obligations between an employer and employee. This document protects proprietary information, trade secrets, and other confidential business information from unauthorized disclosure or use. It outlines the scope of confidential information, employee obligations, duration of confidentiality requirements, and consequences of breach, while complying with federal and state-specific regulations.

Your data doesn't train Genie's AI

You keep IP ownership of your information

Generate a Bespoke Document

1. Select your governing law:

2. Enter your key requirements:

3. Create your document to edit, review or download

Download a Standard Template

Get our United States-compliant Employee And Employer Confidentiality Agreement

4.6 / 5

4.8 / 5

Alternatively: Run an advanced review of an existing
Employee And Employer Confidentiality Agreement

Let tiktok��˰�'s market-leading legal AI identify missing terms, unusual language, compliance issues and more - in just seconds.

What is a Employee And Employer Confidentiality Agreement?

The Employee And Employer Confidentiality Agreement is essential for businesses operating in the United States that need to protect their proprietary information and trade secrets. This document is typically implemented at the start of employment or when an employee gains access to sensitive information. It ensures compliance with federal laws such as the Defend Trade Secrets Act and state-specific regulations while establishing clear guidelines for handling confidential information, defining permitted uses, and outlining post-employment obligations. The agreement is particularly crucial in industries where intellectual property and proprietary information are vital business assets.

What sections should be included in a Employee And Employer Confidentiality Agreement?

1. Parties: Identifies the employer and employee who are entering into the agreement

2. Background: States the context and purpose of the agreement

3. Definitions: Defines key terms used throughout the agreement, particularly 'Confidential Information'

4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement

5. Employee Obligations: Core confidentiality obligations and prohibited actions

6. Term and Survival: Duration of the agreement and which provisions survive termination

7. Return of Materials: Requirements for returning confidential materials upon termination

8. General Provisions: Standard legal provisions including governing law, severability, and entire agreement

What sections are optional to include in a Employee And Employer Confidentiality Agreement?

1. Non-Competition: Restrictions on competitive activities - include when permitted by state law and necessary to protect legitimate business interests

2. Non-Solicitation: Restrictions on soliciting employees or customers - include when protecting customer relationships and workforce stability is crucial

3. Intellectual Property Rights: Assignment of IP rights and inventions - include when employee may create intellectual property during employment

4. Data Privacy Obligations: Specific obligations regarding personal data - include when employee has access to personal data or when required by privacy laws

What schedules should be included in a Employee And Employer Confidentiality Agreement?

1. Schedule A - Excluded Information: List of information specifically excluded from confidentiality obligations

2. Schedule B - Prior Inventions: List of employee's pre-existing intellectual property - include when IP rights provisions are included

3. Schedule C - Approved Outside Activities: List of permitted external business activities - include when employee has approved external commitments

Authors

Alex Denne

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

Cost

Free to use

Relevant legal definitions

Confidential Information

Intellectual Property
Proprietary Information

Effective Date
Term

Affiliate

Termination Date
Prior Inventions

Restricted Period

Clauses

Relevant Industries

Technology
Healthcare
Financial Services
Manufacturing
Research and Development

Relevant Teams

Human Resources
Research & Development
Legal
Finance
Information Technology

Relevant Roles

Software Developer
Executive
Research Scientist
Sales Representative
Product Manager

Industries

Defend Trade Secrets Act (DTSA): Federal law that provides uniform standards for trade secret protection and allows companies to file trade secret cases in federal court

Economic Espionage Act: Federal law that criminalizes theft of trade secrets and provides protection for proprietary information

National Labor Relations Act (NLRA): Federal law that protects employees' rights to discuss working conditions; confidentiality agreements must not violate these rights

Securities Exchange Act: Federal law relevant for publicly traded companies, affecting disclosure requirements and insider information handling

Whistleblower Protection Laws: Federal laws that protect employees who report violations of law to government agencies; confidentiality agreements must include exceptions for these

Equal Employment Opportunity Laws: Federal laws ensuring confidentiality provisions don't discriminate or prevent reporting of workplace discrimination

State Trade Secrets Acts: State-specific laws that define and protect trade secrets at the state level, varying by jurisdiction

State Non-Compete Laws: State-specific regulations governing non-compete and non-disclosure agreements, with significant variation between states

Reasonable Scope Requirement: Legal requirement that confidentiality obligations must have reasonable scope and duration to be enforceable

Public Domain Exception: Legal principle requiring exclusion of publicly available information from confidentiality obligations

Independent Development Exception: Legal principle requiring exclusion of independently developed information from confidentiality obligations

Return of Materials Requirement: Legal consideration requiring clear provisions for the return or destruction of confidential materials upon employment termination

Consideration Requirement: Legal principle requiring adequate consideration (value) in exchange for confidentiality obligations

Severability Requirement: Legal provision ensuring that if one part of the agreement is found invalid, other parts remain enforceable

Recent Developments in NDA Law: Trend toward increased scrutiny of broad confidentiality agreements and enhanced whistleblower protections

Find the exact document you need

No matches found.

1099 Contract Work

A U.S.-based legal agreement establishing terms between a company and an independent contractor under IRS 1099 classification.

tiktok���˰�

How Cambridge United Uses tiktok���˰� to Speed Up Player Signings and Slash Legal Costs

Generate a Bespoke Document

Download a Standard Template

What is a Employee And Employer Confidentiality Agreement?

What sections should be included in a Employee And Employer Confidentiality Agreement?

What sections are optional to include in a Employee And Employer Confidentiality Agreement?

What schedules should be included in a Employee And Employer Confidentiality Agreement?

Authors

Alex Denne

Jurisdiction

Publisher

Document Type

Sector

Cost

Find the exact document you need

1099 Contract Work

Staff Employment Contract

1099 Employee Agreement

Salary Employment Contract

Actor Employment Agreement

90 Day Employment Contract

Typical Employment Contract

Employment Agreement Terms

Labour Contract Copy

Nanny Employment Contract

Bond Contract Employment

Offer Letter Terms And Conditions

Basic Real Estate Purchase Agreement

NDA For Individual

NDA Tech Company

Underwriter Mortgage Letter Of Explanation

Loan Payoff Letter

International Employment Contracts

Contract Based Employment Agreement

Employment Contract For Chef

Teaching Assistant Contract Of Employment

Equal Ownership Contract

Real Estate Employment Contract

Salon Contract Of Employment

Plumbing Work Agreement

It Confidentiality Agreements

Workers Agreement

Employee Resignation Agreement

Employee Appointment Letter Terms And Conditions

Employment Contract Agreement

Remote Employment Agreement

Standard Employment Contract Between Foreign Domestic Worker And Employer

Work Agreement Between Two Parties

Month To Month Employment Contract

Employee Contracts For Small Business

Third Party Work Contract

Temporary Employment Letter

Self Employed Carer Contract

One Time Software License

�ұ�Ծ���’s Security Promise

Your documents are private:

Your documents are protected:

Organizational security:

Templates

Contract Templates

Letter Templates

Policy Templates

Industries

Legal Services

Manufacturing

Construction

Solutions

Use Cases

Company Types

Comparisons

Business Categories

Teams

Information

Generate Legal Docs Free

tiktok��˰�

How Cambridge United Uses tiktok��˰� to Speed Up Player Signings and Slash Legal Costs

�ұ�Ծ��’s Security Promise