The Employment Confidentiality And Non Disclosure Agreement is essential for businesses operating in the United States that need to protect sensitive information shared with employees during their employment. This document is commonly used during the onboarding process or when an existing employee gains access to confidential information. It ensures compliance with federal laws such as the Defend Trade Secrets Act and state-specific regulations while establishing clear guidelines for handling proprietary information, trade secrets, customer data, and other confidential business matters. The agreement typically includes definitions of confidential information, scope of protection, duration of obligations, and procedures for returning confidential materials upon employment termination.
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1. Parties: Identification of employer and employee with full legal names and addresses
2. Background: Context of employment relationship and need for confidentiality
3. Definitions: Clear definitions of confidential information, trade secrets, and other key terms
4. Confidentiality Obligations: Core obligations regarding non-disclosure and protection of confidential information
5. Term and Survival: Duration of agreement and surviving obligations after employment ends
6. Return of Materials: Requirements for returning confidential materials upon termination
7. Governing Law: Specification of jurisdiction and applicable laws
8. General Provisions: Standard boilerplate provisions including severability, entire agreement, and amendments
1. Non-Competition: Restrictions on competing activities, only to be included where legally permissible and for senior employees
2. Non-Solicitation: Restrictions on soliciting employees or customers, typically for client-facing roles or management positions
3. Intellectual Property Rights: Assignment of IP created during employment, particularly relevant for technical or creative roles
4. Whistleblower Provisions: Explicit provisions regarding employee rights to report violations to government agencies as required by DTSA
1. Schedule A - Confidential Information: Detailed list of types of confidential information covered by the agreement
2. Schedule B - Excluded Information: Information specifically excluded from confidentiality obligations
3. Schedule C - Third Party Information: List of third party confidential information that employee may access
4. Schedule D - Acknowledgment Form: Form for employee to acknowledge receipt and understanding of the agreement
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