Under the Defend Trade Secrets Act, employers are now required to include a statement of immunity in any contract or agreement with an employee governing the use of a trade secret or other confidential information. While these contracts were again common among executives and celebrities, they have now shifted to ordinary workers – the types without golden parachutes, fat bank accounts or massive stock options. If you`re applying for a job in an industry where ideas are employers` bread and butter, you`ll likely be asked to sign one. If the employee`s employment in the company ends, for any reason, the employee will immediately provide the company with all originals and copies of all documents, recordings, software, media and other documents containing confidential information. The employee will also return to the company all devices, files, software and other personal belongings belonging to the company. In addition to implicit protection of information that amounts to a trade secret, it is also recommended that employers include in their employment contracts specific language regarding confidentiality in order to protect against breaches of confidentiality after termination, which may impact the company with respect to inappropriate disclosure and use by outgoing employees. In the absence of specific formulations on confidentiality after the termination of the employment contract, trade secrets and not only confidential information are protected. Trade secrets are the highest category of confidential information and it is a fairly high bar for information classified as such. It is likely that there will be information that the employer will consider strictly confidential, which may harm the company when disclosed, but which does not meet the requirement to be a trade secret and, therefore, without specific clauses in contact, the employer makes itself vulnerable to the use of such information by former employees. 5. This Agreement covers the entire agreement between the employer and the worker with respect to the subject matter and replaces all previous confidentiality agreements between the two Parties. 1. The employee understands that confidential information and proprietary data are business secrets of the employer and must always take appropriate measures to protect the confidentiality of such information.
2. The employee agrees not to use confidential information or protected data for his personal benefit or for the benefit of others during his employment. .