Employee Termination Non Disclosure Agreement

Employee Termination Non Disclosure Agreement Template for Ireland

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Key Requirements PROMPT example:

"I need an Employee Termination Non Disclosure Agreement for our Senior Software Architect who's leaving to join a competitor on March 1, 2025; we need strong IP protection clauses and specific provisions about ongoing projects and source code confidentiality."

Document background

The Employee Termination Non Disclosure Agreement is essential for Irish businesses seeking to protect their confidential information when employees leave the organization. This document should be used whenever an employee with access to sensitive information, trade secrets, or valuable intellectual property ends their employment relationship with the company. It ensures compliance with Irish employment law, including the Protected Disclosures Act 2014, Data Protection Act 2018, and relevant EU regulations such as GDPR. The agreement typically includes specific provisions about the return of company property, ongoing confidentiality obligations, permitted disclosures, and non-disparagement commitments. It's particularly crucial for roles involving access to customer data, proprietary technology, strategic plans, or other confidential business information.

Suggested Sections

1. Parties: Identifies and defines the employer and departing employee with full legal names and addresses

2. Background: Establishes context including employment history, reason for agreement, and acknowledgment of access to confidential information

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

4. Termination Acknowledgment: Confirms the termination of employment and effective date

5. Return of Company Property: Details obligations regarding return of physical and digital company property

6. Confidentiality Obligations: Core confidentiality provisions, including scope and duration of confidentiality requirements

7. Permitted Disclosures: Outlines circumstances where disclosure is permitted, including legal requirements and protected disclosures

8. Non-Disparagement: Mutual obligations regarding public statements and communications about the termination

9. Survival of Obligations: Confirms which obligations continue after termination

10. General Provisions: Standard contractual terms including governing law, entire agreement, and severability

Optional Sections

1. Post-Termination Assistance: Used when the employee needs to provide transition support or knowledge transfer

2. Intellectual Property Rights: Include when there are specific IP matters to address, such as patents or ongoing development work

3. Outstanding Projects: Required when employee was involved in unfinished projects requiring specific handover provisions

4. References: Include when parties agree on specific terms regarding employment references

5. Garden Leave: Include if there is a garden leave period before final termination

6. Ongoing Benefits: Used when certain employment benefits will continue post-termination

7. Data Protection Obligations: Enhanced section when employee had significant access to personal data under GDPR

Suggested Schedules

1. Schedule 1 - Confidential Information: Detailed list of specific confidential information, trade secrets, and sensitive data covered by the agreement

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

3. Schedule 3 - Termination Terms: Details of final payment, benefits, and specific termination arrangements

4. Appendix A - Acknowledgment Form: Form confirming return of all company property and compliance with confidentiality obligations

5. Appendix B - Data Protection Compliance: Specific obligations regarding personal data handling post-employment

Authors

Alex Denne

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Technology

Financial Services

Healthcare

Manufacturing

Professional Services

Pharmaceuticals

Telecommunications

Research and Development

Retail

Energy

Media and Entertainment

Biotechnology

Consulting

Education

Insurance

Relevant Teams

Human Resources

Legal

Information Technology

Research & Development

Executive Leadership

Finance

Sales

Marketing

Operations

Product Development

Customer Service

Engineering

Data Analytics

Corporate Communications

Administration

Relevant Roles

Chief Executive Officer

Chief Technology Officer

Senior Software Engineer

Product Manager

Research Scientist

Financial Controller

HR Director

Sales Director

Operations Manager

Business Development Manager

Project Manager

Legal Counsel

Data Scientist

Marketing Director

Account Manager

Systems Administrator

Executive Assistant

Department Head

Research Director

Technical Lead

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