The Employee Confidentiality Agreement Form is a crucial document in U.S. employment relationships where employees have access to sensitive business information. It should be implemented at the start of employment or when an employee's role changes to include access to confidential information. This agreement defines what constitutes confidential information, establishes the employee's obligations to protect it, and outlines the consequences of unauthorized disclosure. It's particularly important in industries where intellectual property and trade secrets are vital to business success, and should comply with both federal and state-specific employment and trade secret laws.
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1. Parties: Identification of the employer and employee, including full legal names and addresses
2. Background: Context of the agreement and employment relationship
3. Definitions: Key terms including 'Confidential Information', 'Trade Secrets', 'Intellectual Property'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information
5. Employee Obligations: Specific duties regarding confidentiality and protection of information
6. Term and Survival: Duration of obligations during and after employment
7. Return of Materials: Requirements for returning confidential materials upon termination
1. Non-Competition: Restrictions on competing activities - only include when permitted by state law and necessary for business protection
2. Intellectual Property Assignment: Assignment of IP rights to employer - include when employee may create IP during employment
3. Third Party Information: Handling of third-party confidential information - include when employee may have access to client/partner confidential information
1. Schedule A - Excluded Information: List of information explicitly excluded from confidentiality obligations
2. Schedule B - Prior Inventions: List of employee's pre-existing intellectual property
3. Schedule C - Specific Confidential Information: Detailed list of company's key confidential information and trade secrets
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