The Employee Confidentiality And Non-Disclosure Agreement is a crucial document used by organizations operating under Irish jurisdiction to protect their confidential information, trade secrets, and intellectual property. This agreement should be implemented at the commencement of employment or when an employee gains access to sensitive information. It ensures compliance with Irish employment law, the GDPR, and other relevant legislation while protecting the organization's legitimate business interests. The document typically covers definitions of confidential information, security measures, permitted disclosures, post-employment obligations, and breach consequences. It's particularly important in today's digital workplace where information can be easily transferred and stored, and should be regularly reviewed to ensure alignment with evolving data protection and employment laws in Ireland.
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1. Parties: Identifies the employer and employee who are parties to the agreement
2. Background: Sets out the context of the agreement and the employee's role
3. Definitions: Defines key terms including 'Confidential Information', 'Trade Secrets', 'Intellectual Property', and other relevant terms
4. Scope of Confidential Information: Details what constitutes confidential information under the agreement
5. Employee Obligations: Core confidentiality obligations and duties of the employee regarding confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including legal requirements and protected disclosures
7. Security Measures: Specific measures the employee must take to protect confidential information
8. Return of Confidential Information: Requirements for returning or destroying confidential information upon termination
9. Duration of Obligations: Period for which confidentiality obligations remain in force
10. Breach and Remedies: Consequences of breaching the agreement and available remedies
11. General Provisions: Standard boilerplate clauses including governing law, severability, and entire agreement
12. Execution: Signature blocks and execution formalities
1. Third Party Information: Additional provisions for handling confidential information belonging to clients, customers, or other third parties
2. International Transfers: Required when employee may need to transfer confidential information across borders
3. Remote Working Provisions: Special security measures and obligations when working remotely
4. Social Media Policy: Specific provisions regarding confidentiality in social media usage
5. Post-Employment Obligations: Specific post-employment confidentiality obligations, if extending beyond standard terms
6. Industry-Specific Requirements: Additional provisions required for specific industries (e.g., financial services, healthcare)
7. Data Protection Obligations: Detailed GDPR compliance obligations when handling personal data
8. Intellectual Property Assignment: Specific provisions for IP created during employment, if not covered in main employment agreement
1. Schedule 1 - Categories of Confidential Information: Detailed list of types and categories of confidential information covered
2. Schedule 2 - Security Procedures: Specific security protocols and procedures to be followed
3. Schedule 3 - Approved Third Party Recipients: List of approved third parties to whom confidential information may be disclosed
4. Appendix A - Acknowledgment Form: Form for employee to acknowledge receipt and understanding of the agreement
5. Appendix B - Exit Procedures: Detailed procedures for handling confidential information upon employment termination
6. Appendix C - Reporting Procedures: Procedures for reporting potential breaches or unauthorized disclosures
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