As an employee, it is not uncommon to come across confidential information while carrying out your duties. Confidential information can range from sensitive client data to trade secrets related to your company`s operations. To protect this information, companies often require employees to sign confidentiality agreements. These agreements establish a legal obligation for employees to maintain the confidentiality of certain information and not share it with unauthorized parties.
If you`re an employer, it`s crucial to have a comprehensive confidentiality agreement in place. Similarly, if you`re an employee who has been asked to sign a confidentiality agreement, you`ll want to understand what you`re signing and what it means.
Below is a confidentiality agreement sample that employers can use as a guide when drafting their own confidentiality agreements.
Confidentiality Agreement Sample for Employees
[Company Name] Confidentiality Agreement
This Confidentiality Agreement (“Agreement”) is made and entered into by and between [Company Name], a [State] corporation with its principal place of business located at [Address] (“Employer”), and ______________________ (“Employee”).
WHEREAS, Employee is employed by Employer and has been or will be provided access to certain information, materials and documents that Employer considers to be confidential, proprietary, and/or trade secret information that must be protected from unauthorized disclosure; and
WHEREAS, the Employer wishes to protect the confidentiality of this information and materials and has agreed to provide to the Employee access to this information and materials subject to the terms and conditions of this Agreement;
NOW, THEREFORE, in consideration of the mutual promises and covenants set forth below, the parties agree as follows:
1. Confidentiality Obligations. Employee agrees to keep confidential and not to disclose to any third-party all confidential, proprietary and/or trade secret information disclosed by Employer to Employee, whether in writing, orally or by other means.
2. Exceptions. The confidentiality obligations shall not apply to confidential information that: (a) is already in the public domain; (b) was known to the Employee prior to the disclosure; (c) is required to be disclosed by a court of law or other governmental agency; or (d) is necessary to disclose to attorneys, accountants or other professionals necessary for the conduct of Employer`s business.
3. Ownership and Return of Information. All confidential, proprietary and/or trade secret information disclosed by Employer to Employee remains the property of Employer. Upon termination of employment, Employee shall return all confidential information, materials and documents disclosed by Employer and any copies thereof.
4. Remedies. Employee acknowledges that any breach of this Agreement will result in irreparable harm and that Employer shall be entitled, in addition to any other remedies available at law or in equity, to seek injunctive relief to protect its rights under this Agreement.
5. Governing Law. This Agreement shall be governed by the laws of the State of [State] and any disputes arising hereunder shall be resolved in accordance with the dispute resolution provisions set forth in the Employee Handbook.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
A confidentiality agreement is crucial for any employer looking to protect sensitive information. Likewise, it`s essential for employees to understand the implications of signing such an agreement. This confidentiality agreement sample serves as a starting point for employers to create their own detailed agreement. By using this agreement as a guide, employers can help protect their company`s confidential information, while also setting clear expectations for employees.