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5+ Employee Confidentiality Agreement Templates

Within every organization, there’s always going to be a couple of trade secrets that they would rather not share with their competitors. Which is the exact reason why there’s always a risk whenever they hire new employees as there’s always the possibility that they may leak it out to the public. You may also see agreement samples.

13+ FREE & Premium Contractor Confidentiality Agreement Templates - Download NOWBeautifully Designed, Easily Editable Templates to Get your Work Done Faster & Smarter.

This would be meant that these organizations will need to come up with a way that will ensure that all of their employees are bound to keep these confidential information secrets from anyone who isn’t involved with the business. The best document to help out with that would have to be employee confidentiality agreement forms and this article is going to teach you how to make one.

Sample Employee Confidentiality Agreement

File Format

Size: A4, US


Employee Confidentiality Agreement Sample

Employee Confidentiality Agreement Form

Employee Confidentiality and Non-Solicitation Agreement

How to Write an Employee Confidentiality Agreement

Before you make this kind of document, there are things that you will have to consider. You must understand your organization first and figure out whether you’ll need a confidentiality agreement. If you think that it does, then you’ll need to learn just what kind of information you should place in the document to ensure that all members understand what has to be kept secret from anyone that isn’t a part of the organization. You may also see personal confidentiality agreements.

So here are the steps that you will have to take in order to create an effective employee confidentiality agreement:

1. Identify the Trade Secrets or the Confidential Information

Before you even consider making the document, you’ll need to figure out if your simple business has anything that you can consider as a trade secret, or that otherwise is confidential in which you don’t want to share with anyone outside of it. Once you know what these pieces of information, be sure to include them in the document so that you can prevent forfeiture of your patent rights.

2. Define the Confidential Information

The employee cannot comply with the confidentiality agreement if he or she doesn’t even know what information has to remain confidential. Be clear about what the confidential or secret information is so that the employee will have a better understanding as to what he or she will need to protect.

Take note that the free confidentiality agreement will not protect any information that has not been mentioned within the document, which basically means that you’ll have to be very specific with all the different information that you want to keep secret. So to make the agreement as clear as it possibly can be, all of the items that you want to be covered by the agreement should be mentioned. While there is a vast range of types of information that could be kept confidential, here are a couple of examples of the common ones that are usually included:

  • Financial information
  • Product pricing
  • Business practices or strategies
  • Technical information
  • Computer software
  • Tools, systems, and product specifications
  • Vendor lists
  • Customer lists

3. Exclude Non-Confidential Information

You should not put in any information that has already been made public, that is already known by the receiving party, or which the receiving party legally receives from a third party. Exclusions are necessary to protect the receiving party should the information become common knowledge to everyone that’s both in and out of the company. The receiving party will want to use this information like all other companies that are in the marketplace.

4. State the Obligations of the Receiving Party

The employee confidentiality agreement form should include the specific obligations of the employee to ensure he or she knows what has to be done in order to protect the information. These are most often explained as the recipient’s duty to hold and maintain the confidential information, but this section of the agreement document can also be used to discuss the limitations in which the employee may be able to utilize the information. You may also see data agreement of confidentiality.

  • You will typically be limiting the disclosure of the confidential information as well as its use. Often, parties forget to include a limitation on use and that’s not something you would want to have happened. Be sure you explain clearly on how the employee may be able to use the information so that he or she has full knowledge and can be held liable should there be any cases of confidential information misuse. You may also see personal confidentiality agreements.

Employee Confidentiality Compete Agreement

Employee Non-Disclosure and Confidentiality Agreement

5. List Conditions That Would Allow the Party to Reveal Confidential Information

There will be situations where the employee might need to reveal the information that he or she was tasked to protect in order to do his or her job. You’ll need to specify in the agreement document the exceptions or special situations as to when the employee may be able to utilize the information. Be sure that when you’re writing these exceptions, you do so in a way that describes them in full detail. You may also see HR confidentiality agreements.

  • It is standard to acknowledge that the employee may reveal confidential information in the event that he or she is brought up to court. Which is why you will need to include a statement which states that the employee is obligated to abide by the court if he or she is asked to reveal the information. You may also see client confidentiality agreement templates.

6. Define the Standard of Care

The employee confidentiality agreement would typically cover any negligent, as well as willful or intentional, disclosures, or unauthorized use of confidential company information. You want the employee to treat the confidential business information as if it were his or her own personal secrets. Basically, you’re trying to tell the employee how he or she should treat the confidential that the company has bestowed. You may also see celebrity confidentiality agreements.

7. Set the Terms of Handling Confidential Information

If one party’s standards for protecting confidential information are inadequate, then the employee confidentiality information document should define the ways in which they are expected to keep the information away from anyone that isn’t involved in the business. This might include specific measures for preserving secrecy as well as a list of individuals that are entitled to have a knowledge and protect the confidential information. You may also see HR agreements for confidentiality.

  • You will need to disclose how the employee will need to dispose of whatever information he or she is tasked with protecting. So in the event that the employee is ever let go by the company, then the agreement document will need to provide a statement of how the employee should either return or destroy the confidential information. Make sure that you’re very clear on this. You may also see volunteer confidentiality agreement templates.

8. Establish a Time Period as to when the Information May be Disclosed

The employee confidentiality agreement must be able to specify both the start and end dates for the period of time in which the information may be exchanged between the parties. You may also see contractor confidentiality agreements.

9. Establish a Time Period of Confidentiality

Include a start and end date for the length of time the information is to be kept secret. 5 years would be the typical amount of time in most agreements, but then there are those that span around 10 years or possibly even longer. You may also see vendor confidentiality agreements.

  • You’ll want to go with a longer time period if you believe that the confidential information will still remain confidential even if 5 years has already past. You may also see mutual agreements of confidentiality.

10. State How Breaches Are to be Handled

In the event that the employee has managed to breach the agreement, then you’ll need to specify how the situation is to be handled. The remedy for a breach can include loss of employment, a court order stating the breaching party cannot continue to release the confidential information, money for any damages incurred, or even a predetermined amount of money that has to be paid. You may also see agreements for legal confidentiality.

11. Assign the Responsibility of Attorney Fees Should the Agreement to be Breached

In most cases, both parties are responsible for their own attorney’s fees, but that doesn’t mean the rule can no longer be changed. Parties can change the default rule by stating in the agreement that the employee who has breached the agreement will be the one to pay the attorney’s fees for both party members.

12. Consider Adding an Additional Solution Clause

If you think that there are other ways that the matter can be settled without the need to include the court, then you can always add a clause which states the details. Be sure that you specify what these alternative solutions are so that both you and the employee will know what to do in the event that the agreement has been breached. You may also see confidential disclosure agreement templates.

13. Add an Integration Clause

This clause declares that the employee confidentiality agreement supersedes all prior agreements and represents and represents the complete agreement. This clause will protect you from the other party claiming that there were different provisions that were agreed to outside of the contract. You may also see word confidentiality agreement templates.

14. Add a Signature Block

And lastly, you’ll want to include a space at the very bottom of the document where both you and the employee may place your signatures on. Not only should it just contain the signatures, but it should also contain the names of the businesses (if applicable), a line where the small business agent and employee may place his or her name, and the date as to when the agreement was signed. This ensures that the two have come to an understanding and that the employee is obligated to fulfill all the conditions within the document.

If you would like to learn how to create other types of agreement documents, then it’s best that you go to our site. You’ll be able to find all the articles you’ll need to be able to help you and your business out. Just be sure that you go through the thoroughly so that you’re able to fully utilize whatever information you have gathered. You may also see generic confidentiality agreement templates.

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