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Simple Employee Confidentiality Agreement Template for United States

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Key Requirements PROMPT example:

Simple Employee Confidentiality Agreement

"I need a Simple Employee Confidentiality Agreement for our tech startup in California, specifically tailored for software developers who will be working on our AI platform and handling sensitive customer data."

Document background
The Simple Employee Confidentiality Agreement is a fundamental document used when onboarding new employees who will have access to sensitive business information. This agreement, designed for use in the United States, establishes clear guidelines for handling confidential information and trade secrets while maintaining compliance with federal and state regulations. It protects the employer's legitimate business interests while respecting employee rights under various labor laws. The agreement is particularly crucial in industries where proprietary information, customer data, or trade secrets form a significant part of the company's competitive advantage.
Suggested Sections

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

2. Background: Establishes the context and purpose of the confidentiality agreement

3. Definitions: Defines key terms, especially 'Confidential Information'

4. Confidentiality Obligations: Core obligations regarding protection and non-disclosure of confidential information

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

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

Optional Sections

1. Non-Solicitation: Optional provisions restricting solicitation of employees or customers, used when protecting customer relationships is critical

2. Intellectual Property Rights: Optional provisions for assignment of IP created during employment, used when employee will be creating intellectual property

3. Data Privacy: Optional provisions regarding handling of personal data, used when employee will handle personal or sensitive data

Suggested Schedules

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

2. Schedule B - Specific Confidential Information: Detailed list of key confidential information covered, used when specific valuable information needs explicit protection

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Clauses






















Industries

Defend Trade Secrets Act (DTSA): Federal law providing uniform trade secret protection across states, including remedies for misappropriation and whistleblower protections

Economic Espionage Act: Federal law criminalizing trade secret theft and economic espionage, relevant for defining scope of protected information

National Labor Relations Act (NLRA): Federal law protecting employees' rights to discuss wages and working conditions, which must be preserved in confidentiality agreements

Securities Exchange Act: Federal regulations affecting publicly traded companies' disclosure obligations and insider information handling

State Trade Secret Laws: Varying state-specific regulations governing trade secret protection and enforcement at the state level

State Non-Compete/NDA Regulations: State-specific rules governing the scope and enforceability of confidentiality and non-compete provisions

State Whistleblower Laws: State-specific protections for employees who report violations of law or public policy

Reasonable Scope Requirements: Legal principle requiring confidentiality obligations to be reasonably limited in scope and duration

Confidential Information Definition: Legal requirement for clear and specific definition of what constitutes confidential information

Public Information Exclusions: Legal principle excluding publicly available information from confidentiality obligations

Federal Whistleblower Protections: Mandatory provisions protecting employee rights to report violations to government agencies

NLRA Protected Communications: Employee rights to discuss wages and working conditions that cannot be restricted by confidentiality agreements

Material Return Requirements: Legal provisions governing the return or destruction of confidential materials upon employment termination

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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