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Post Employment Confidentiality Agreement

Post Employment Confidentiality Agreement Template for Australia

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Key Requirements PROMPT example:

Post Employment Confidentiality Agreement Template

"I need a Post Employment Confidentiality Agreement Template for a senior software developer leaving our fintech startup in March 2025, with specific provisions for protecting our proprietary trading algorithms and client data."

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Document background
The Post Employment Confidentiality Agreement Template is designed for use in Australian jurisdictions when an employment relationship is ending or has ended, and there is a need to ensure continued protection of confidential information. This document is essential for businesses seeking to safeguard their trade secrets, intellectual property, customer information, and other sensitive data from unauthorized disclosure or use by former employees. It complies with Australian employment law principles, privacy regulations, and competition laws while maintaining reasonable and enforceable restrictions. The agreement is particularly crucial for roles where employees have had access to valuable company information and should be implemented as part of the standard employment termination process.
Suggested Sections

1. Parties: Identifies and provides full details of the employer and former employee

2. Background: Outlines the context of the agreement, including the former employment relationship and the need for ongoing confidentiality

3. Definitions: Defines key terms including 'Confidential Information', 'Trade Secrets', 'Intellectual Property', and other relevant terms

4. Duration of Obligations: Specifies the time period for which the confidentiality obligations will remain in effect

5. Confidentiality Obligations: Details the core obligations regarding non-disclosure, protection, and handling of confidential information

6. Return of Confidential Information: Requirements for returning or destroying confidential information and company property

7. Breach and Consequences: Outlines what constitutes a breach and the consequences, including potential legal remedies

8. Survival of Obligations: Confirms which obligations continue after termination of the agreement

9. Governing Law and Jurisdiction: Specifies that Australian law governs the agreement and nominates the relevant jurisdiction

10. Execution: Formal signing section including date and witness requirements

Optional Sections

1. Non-Disparagement: Prohibits making derogatory statements about the former employer, useful for senior executives or public-facing roles

2. Intellectual Property Rights: Additional provisions regarding IP created during employment, important for technical or creative roles

3. Third Party Information: Specific provisions regarding confidential information belonging to clients or business partners

4. Security Measures: Specific requirements for maintaining security of confidential information, important for technical or high-security industries

5. Reporting Obligations: Requirements to report any suspected breaches or unauthorized disclosures

6. Conflict Resolution: Alternative dispute resolution procedures before litigation

7. Severability: Ensures remainder of agreement stays valid if any provision is found unenforceable

8. Independent Legal Advice: Acknowledgment that the employee had the opportunity to seek independent legal advice

Suggested Schedules

1. Schedule A - Confidential Information: Detailed list or categories of information considered confidential

2. Schedule B - Return of Property Checklist: Itemized list of physical and digital assets to be returned

3. Schedule C - Security Protocols: Specific procedures for handling and protecting confidential information

4. Appendix 1 - Acknowledgment Form: Form confirming return of all confidential information and compliance with obligations

5. Appendix 2 - Contact Protocols: Procedures for necessary future contact regarding confidential information

Authors

Alex Denne

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

alex.den.21@genieai.co
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Relevant Industries

Technology

Financial Services

Healthcare

Manufacturing

Professional Services

Research and Development

Retail

Telecommunications

Pharmaceuticals

Energy

Media and Entertainment

Education

Consulting

Defense and Security

Relevant Teams

Human Resources

Legal

Information Technology

Research & Development

Executive Leadership

Sales

Marketing

Finance

Operations

Product Development

Business Development

Engineering

Data Science

Customer Success

Strategy

Relevant Roles

Chief Executive Officer

Chief Technology Officer

Senior Manager

Research Scientist

Software Developer

Financial Analyst

Product Manager

Sales Executive

Human Resources Director

Business Development Manager

Project Manager

Design Engineer

Marketing Director

Legal Counsel

Operations Manager

Data Analyst

Systems Administrator

Account Manager

Strategy Consultant

Technical Lead

Industries








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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