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.
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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
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
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
Relevant legal definitions
Clauses
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
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