The Confidentiality Agreement Employee Leaving is a crucial document used when an employee terminates their employment relationship with an organization in New Zealand. It serves to protect the company's confidential information, trade secrets, and intellectual property after the employment relationship ends. This agreement is particularly important in today's knowledge-based economy where employees often have access to sensitive business information, customer data, and proprietary technology. The document ensures compliance with New Zealand legislation, including the Privacy Act 2020 and Employment Relations Act 2000, while providing clear guidelines about post-employment confidentiality obligations and the return of company property. It is typically executed as part of the employee exit process and may be accompanied by an exit interview and property return checklist.
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1. Parties: Identification of the employer and the departing employee
2. Background: Context of the agreement, including reference to the employment relationship and its termination
3. Definitions: Key terms including 'Confidential Information', 'Intellectual Property', 'Trade Secrets', etc.
4. Confidentiality Obligations: Core obligations regarding non-disclosure and protection of confidential information
5. Duration of Obligations: Timeframe for which confidentiality obligations remain in effect
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed (e.g., legal requirements, protected disclosures)
7. Return of Property: Requirements for returning company property, documents, and data
8. Intellectual Property Rights: Confirmation of company ownership of IP and continued obligations
9. Breach and Remedies: Consequences of breaching the agreement and available remedies
10. General Provisions: Standard provisions including governing law, entire agreement, and severability
1. Non-Disparagement: Mutual obligations regarding public statements about each other - include when there's risk of reputational damage
2. International Obligations: Additional provisions for employees who worked with international data or clients - include for multinational operations
3. Industry-Specific Obligations: Special provisions for regulated industries (e.g., financial services, healthcare) - include when relevant to the industry
4. Post-Employment Assistance: Terms for providing transitional assistance - include when handover of complex matters is needed
5. Data Privacy Obligations: Specific obligations regarding personal data under Privacy Act 2020 - include when employee had access to significant personal data
6. Third Party Information: Specific provisions regarding confidential information belonging to clients/customers - include when relevant
1. Schedule 1 - Confidential Information: Detailed list of types of confidential information covered by the agreement
2. Schedule 2 - Company Property: Inventory of physical and digital property to be returned
3. Schedule 3 - Specific Projects: List of specific projects or clients the employee worked on with sensitive information
4. Appendix A - Acknowledgment Form: Form confirming return of all company property and information
5. Appendix B - Exit Interview Checklist: Checklist confirming discussion of confidentiality obligations
Relevant legal definitions
Clauses
Relevant Industries
Technology
Financial Services
Professional Services
Healthcare
Manufacturing
Research and Development
Telecommunications
Biotechnology
Media and Entertainment
Retail
Education
Energy
Mining
Construction
Engineering
Relevant Teams
Human Resources
Legal
Information Technology
Research and Development
Sales
Marketing
Finance
Operations
Product Development
Customer Service
Engineering
Business Development
Executive Leadership
Administration
Relevant Roles
Chief Executive Officer
Chief Technical Officer
Senior Manager
Project Manager
Software Developer
Research Scientist
Financial Analyst
Sales Manager
Marketing Director
Product Manager
Human Resources Manager
Legal Counsel
Operations Manager
Business Development Manager
Account Manager
Systems Administrator
Data Analyst
Engineer
Consultant
Executive Assistant
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