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Post Employment Confidentiality Agreement
"I need a Post Employment Confidentiality Agreement for a senior software developer leaving our fintech startup in March 2025, with specific provisions for protecting our proprietary trading algorithms and client data."
1. Parties: Identifies the parties to the agreement - typically the former employer and the departing employee
2. Background: Explains the context of the agreement, including the former employment relationship and the need to protect confidential information
3. Definitions: Defines key terms including 'Confidential Information', 'Trade Secrets', 'Intellectual Property', and other relevant terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Confidentiality Obligations: Details the specific obligations of the former employee regarding the protection and non-disclosure of confidential information
6. Duration of Obligations: Specifies how long the confidentiality obligations will remain in effect
7. Return of Confidential Information: Requirements for returning or destroying any confidential information in the former employee's possession
8. Permitted Disclosures: Circumstances under which confidential information may be disclosed (e.g., court order, regulatory requirement)
9. Breach and Remedies: Consequences of breaching the agreement and available remedies
10. General Provisions: Standard contractual provisions including governing law, entire agreement, severability, and amendment procedures
1. Non-Solicitation Provisions: Restrictions on soliciting customers or employees, included when there's a specific risk to customer relationships or employee retention
2. Intellectual Property Assignment: Additional provisions regarding any intellectual property created during employment, used when IP ownership needs to be clarified
3. Survival of Other Agreements: References to other agreements that remain in effect, used when multiple agreements exist
4. Third Party Information: Specific provisions for handling confidential information belonging to third parties, included when the employee had access to client or vendor confidential information
5. Computing Devices and Data: Specific provisions regarding electronic data and personal devices, included when the employee had access to digital assets
6. Independent Legal Advice: Acknowledgment of receiving or waiving independent legal advice, included in jurisdictions where this is recommended for enforceability
1. Schedule A - Specific Confidential Information: Detailed list of specific confidential information, trade secrets, and proprietary information covered by the agreement
2. Schedule B - Return of Property Checklist: Checklist of all confidential materials, documents, and property to be returned by the former employee
3. Schedule C - Acknowledged Prior Inventions: List of any pre-existing intellectual property owned by the employee that is explicitly excluded from the agreement
4. Appendix 1 - Data Handling Procedures: Specific procedures for handling, storing, and destroying confidential information
5. Appendix 2 - Contact Protocols: Procedures for handling necessary communications regarding confidential information after employment
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