Basic content of company confidentiality agreement
(1) Clarify the scope of confidential information
When the employer agrees on confidential content, it must clarify the objects, scope, content and period that need to be kept confidential. It is best to list all the content that needs to be kept confidential by enumerating it. Otherwise, it is easy to cause litigation disputes due to unclear agreements.
(2) Clarify the subject of confidentiality
The subjects of confidentiality of trade secrets are generally limited to workers in confidential positions. For confidential positions and technical positions, they are required not to disclose, donate, transfer, destroy or assist third parties in infringing the company's trade secrets.
(3) Agree on confidentiality period
The confidentiality agreement should clearly stipulate the confidentiality period. Although the law stipulates that the employee's obligation to keep secrets is not exempted by the rescission or termination of the labor contract, since business secrets may expire, be disclosed or eliminated, it is best to agree on the start and end time of the confidentiality obligation to avoid unnecessary disputes.
(4) Clarify the rights and obligations of both parties
The confidentiality agreement should clearly stipulate how to use trade secrets, the ownership of job results involving trade secrets, the preservation and destruction methods of confidential documents, etc. If there are special provisions, they should also be agreed in the form of enumeration.
(5) Carefully agree on non-competition clauses
Although non-compete clauses can be agreed or not, it is undeniable that non-compete clauses are a powerful protection umbrella for trade secrets.
(6) Determine the dispute jurisdiction authority
Notes on Company Confidentiality Agreement
1. The bound confidentiality obligor shall not disclose business secrets to any third party or use them for purposes other than the purpose of the contract without permission;
2. The bound confidentiality obligor shall not carry materials, documents, objects, etc. containing confidential information out of the confidentiality area;
3. The confidentiality obligor shall not involve the commercial secrets stipulated in the contract when accepting interviews or communicating with any third party;
4. Confidential information should be returned after the contract is terminated;
5. Confidentiality period.
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