The Employee Non-Disclosure and Confidentiality Agreement is a crucial legal document used when establishing or maintaining employment relationships in Ireland where employees will have access to sensitive company information. This agreement is particularly important in today's digital workplace environment, where data protection and information security are paramount. It sets out the employee's obligations regarding confidential information, aligned with Irish employment law, GDPR requirements, and the EU Trade Secrets Directive as implemented in Ireland. The agreement typically covers definitions of confidential information, scope of protection, employee obligations, permitted disclosures, security measures, and consequences of breach, while ensuring balance between employer protection and employee rights under Irish law.
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1. Parties: Identifies the employer and employee, including their full legal names and addresses
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: Clearly outlines what information is considered confidential under the agreement
5. Employee Obligations: Details the employee's duties regarding confidential information, including handling, storage, and non-disclosure requirements
6. Permitted Disclosures: Specifies circumstances under which confidential information may be disclosed, including legal requirements and regulatory obligations
7. Security Measures: Outlines the security procedures and measures the employee must follow to protect confidential information
8. Return of Confidential Information: Requirements for returning or destroying confidential information upon termination or request
9. Duration of Obligations: Specifies how long the confidentiality obligations remain in effect
10. Breach and Remedies: Consequences of breaching the agreement and available remedies
11. General Provisions: Standard contract clauses including governing law, jurisdiction, and entire agreement provisions
1. Intellectual Property Rights: Additional section when the employee's role involves creation of IP or handling of company patents/copyrights
2. Third Party Information: Required when the employee will handle confidential information belonging to clients, customers, or business partners
3. Data Protection Obligations: Detailed section needed when the employee will process personal data under GDPR
4. Post-Employment Obligations: Additional restrictions and requirements after employment ends
5. Remote Working Provisions: Special confidentiality measures for employees working remotely
6. International Transfer of Data: Required when the role involves transferring confidential information across borders
7. Social Media and Electronic Communications: Specific provisions for handling confidential information in digital communications
1. Schedule 1 - Categories of Confidential Information: Detailed list of types and categories of confidential information covered by the agreement
2. Schedule 2 - Security Procedures: Specific security protocols and procedures to be followed
3. Schedule 3 - Approved Third Party Recipients: List of authorized third parties who may receive confidential information
4. Appendix A - Acknowledgment Form: Form for employee to sign acknowledging receipt and understanding of the agreement
5. Appendix B - Exit Interview Checklist: Checklist for ensuring all confidentiality obligations are addressed upon employment termination
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