The Non-Disclosure Agreement For Resigned Employee is a critical document used when an employee leaves an organization to formalize their ongoing obligations regarding confidential information. This agreement is particularly important in the Australian business context, where protection of trade secrets and confidential information must balance with employee rights under the Fair Work Act and other relevant legislation. It should be implemented when an employee resigns from their position and has had access to sensitive business information, intellectual property, or trade secrets during their employment. The document typically includes specific provisions about information handling, return of company property, and permitted uses of knowledge in future employment, while ensuring compliance with Australian privacy laws and whistleblower protections.
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1. Parties: Identification of the employer and the resigned employee, including full legal names and addresses
2. Background: Context of the agreement, including reference to previous employment and reason for additional NDA
3. Definitions: Define key terms including 'Confidential Information', 'Trade Secrets', 'Intellectual Property', and 'Permitted Disclosures'
4. Confidentiality Obligations: Core obligations regarding non-disclosure, protection, and handling 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, including legal requirements and whistleblower rights
7. Return of Confidential Information: Requirements for returning or destroying confidential information and verification process
8. Breach and Remedies: Consequences of breaching the agreement and available remedies
9. Survival: Clauses that continue after termination of the agreement
10. Governing Law: Specification of Australian law as governing law and jurisdiction
1. Non-Disparagement: Mutual obligations regarding non-disparagement, used when reputation management is a concern
2. Intellectual Property Assignment: Additional IP provisions if not covered in previous employment agreements
3. Future Employment: Guidelines about using general knowledge and skills in future employment without breaching confidentiality
4. Dispute Resolution: Specific procedures for resolving disputes, recommended for high-risk situations
5. Independent Legal Advice: Acknowledgment of receiving or having the opportunity to receive independent legal advice, recommended for complex agreements
6. Social Media and Digital Platforms: Specific provisions regarding confidentiality on social media and digital platforms, useful for digital-focused businesses
1. Schedule A - Specified Confidential Information: Detailed list of specific confidential information, trade secrets, and protected information covered by the agreement
2. Schedule B - Return of Property Checklist: Checklist of confidential materials, documents, and devices to be returned or destroyed
3. Schedule C - Acknowledgment of Return: Form for employee to acknowledge return or destruction of all confidential information
4. Appendix 1 - Permitted Disclosure Recipients: List of persons or entities to whom disclosure is permitted under specific circumstances
Relevant legal definitions
Clauses
Relevant Industries
Technology
Financial Services
Healthcare
Professional Services
Manufacturing
Research and Development
Biotechnology
Retail
Media and Entertainment
Telecommunications
Mining and Resources
Education
Relevant Teams
Human Resources
Legal
Information Technology
Research and Development
Executive Leadership
Finance
Operations
Sales
Marketing
Product Development
Customer Service
Administrative
Relevant Roles
Chief Executive Officer
Chief Technology Officer
Senior Developer
Research Scientist
Product Manager
Sales Director
Financial Controller
Human Resources Manager
Operations Manager
Business Development Manager
Project Manager
Marketing Director
Research and Development Manager
Legal Counsel
Department Head
Executive Assistant
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