The Non Disclosure Agreement For Employee Leaving is a critical document used when an employee is departing from an organization in Ireland. It serves to protect the company's confidential information, trade secrets, and intellectual property after the employment relationship ends. This document is particularly important in situations where the employee had access to sensitive business information, client data, or proprietary technology. The agreement must comply with Irish employment law, the GDPR, the Protected Disclosures Act 2014, and other relevant legislation. It typically includes detailed provisions about what constitutes confidential information, obligations for handling such information, permitted disclosures, and consequences of breach, while ensuring the terms are reasonable and enforceable under Irish law.
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1. Parties: Identifies the employer and departing employee with full legal names and addresses
2. Background: Sets out the context of the agreement, including employment status and reason for implementing the NDA
3. Definitions: Defines key terms including 'Confidential Information', 'Trade Secrets', 'Intellectual Property', and other relevant terms
4. Scope of Confidential Information: Details what constitutes confidential information under the agreement
5. Obligations of Confidentiality: Specifies the employee's duties regarding confidential information
6. Permitted Disclosures: Outlines circumstances where disclosure is allowed, including legal requirements and whistleblower provisions
7. Return of Confidential Information: Requirements for returning or destroying company information upon departure
8. Duration of Obligations: Specifies how long the confidentiality obligations remain in force
9. Breach and Remedies: Details consequences of breach and available legal remedies
10. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
11. Execution: Signature blocks and dating of the agreement
1. Post-Employment Restrictions: Additional non-compete or non-solicitation provisions, used when specific business interests need protection
2. Intellectual Property Rights: Specific provisions regarding IP created during employment, used when employee was involved in creative or technical work
3. Data Protection Obligations: Specific GDPR-related obligations, used when employee had access to personal data
4. Third Party Information: Provisions regarding confidential information belonging to clients or business partners, used when employee had access to such information
5. Surviving Terms of Employment: Reference to relevant terms from employment contract that survive termination, used when original contract contains important provisions
6. Severance Package Reference: Reference to any severance or settlement agreement, used when NDA is part of a larger exit package
1. Schedule 1 - Categories of Confidential Information: Detailed list of specific types of confidential information covered
2. Schedule 2 - Return of Property Checklist: Itemized list of physical and digital assets to be returned
3. Schedule 3 - Excluded Information: List of information explicitly excluded from confidentiality obligations
4. Appendix A - Acknowledgment Form: Form confirming return of all confidential information and compliance with obligations
5. Appendix B - Data Protection Compliance Statement: Statement of GDPR compliance and ongoing data protection obligations
Relevant legal definitions
Clauses
Relevant Industries
Technology
Financial Services
Healthcare
Professional Services
Manufacturing
Pharmaceutical
Telecommunications
Research and Development
Retail
Energy
Media and Entertainment
Consulting
Education
Biotechnology
Software Development
Relevant Teams
Human Resources
Legal
Finance
Information Technology
Research and Development
Sales
Marketing
Operations
Executive Leadership
Product Development
Customer Service
Business Development
Engineering
Administration
Project Management
Relevant Roles
Chief Executive Officer
Chief Technology Officer
Senior Software Engineer
Financial Controller
Sales Director
Product Manager
Research Scientist
Account Manager
Human Resources Manager
Operations Director
Business Development Manager
Project Manager
Technical Lead
Data Analyst
Marketing Manager
Systems Administrator
Legal Counsel
Department Head
Executive Assistant
Senior Consultant
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