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Employee Confidentiality And Non Disclosure Agreement

Employee Confidentiality And Non Disclosure Agreement for Singapore

Employee Confidentiality And Non Disclosure Agreement Template for Singapore

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Employee Confidentiality And Non Disclosure Agreement

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What is a Employee Confidentiality And Non Disclosure Agreement?

An Employee Confidentiality And Non Disclosure Agreement is essential for protecting an organization's sensitive information in Singapore's competitive business environment. This document is typically implemented at the start of employment or when an existing employee gains access to confidential information. It ensures compliance with Singapore's legal framework, including the Employment Act and PDPA, while protecting the employer's legitimate business interests. The agreement covers various aspects of confidential information handling, from trade secrets and intellectual property to customer data and business strategies, establishing clear obligations and consequences for breach.

What sections should be included in a Employee Confidentiality And Non Disclosure Agreement?

1. Parties: Identification of the employer and employee

2. Background: Context of the agreement and employment relationship

3. Definitions: Key terms including 'Confidential Information', 'Trade Secrets', 'Intellectual Property'

4. Scope of Confidential Information: Detailed description of what constitutes confidential information

5. Obligations of Confidentiality: Employee's duties regarding confidential information

6. Term and Survival: Duration of obligations and survival post-employment

7. Return of Materials: Requirements for returning confidential materials

8. Breach and Remedies: Consequences of breach and available remedies

What sections are optional to include in a Employee Confidentiality And Non Disclosure Agreement?

1. Non-Competition: Restrictions on competing activities - used for senior employees or those with access to highly sensitive information

2. Non-Solicitation: Restrictions on soliciting employees or customers - used for client-facing roles or management positions

3. Intellectual Property Assignment: Assignment of IP rights to employer - used for roles involving creation of intellectual property

4. Third Party Information: Handling of third party confidential information - used when employee may handle client or partner confidential information

What schedules should be included in a Employee Confidentiality And Non Disclosure Agreement?

1. Schedule 1: Specified Confidential Information: Detailed list of specific confidential information covered

2. Schedule 2: Approved Third Party Disclosures: List of pre-approved third parties who may receive certain confidential information

3. Schedule 3: Return of Materials Procedure: Detailed procedure for returning confidential materials

4. Appendix A: Acknowledgment Form: Form for employee to acknowledge receipt and understanding of the agreement

Authors

Alex Denne

Head of Growth (Open Source Law) @ ΊμΠΣΦ±²₯ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions






























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Industries

Employment Act (Chapter 91): Primary legislation governing basic employment terms and working conditions in Singapore. Ensures that confidentiality agreement terms don't conflict with basic employment rights and protections.

Personal Data Protection Act 2012 (PDPA): Governs the collection, use, and disclosure of personal data in Singapore. Critical for determining how confidential information containing personal data should be handled and protected.

Official Secrets Act (Chapter 213): Legislation protecting government-related confidential information. Relevant if the employee might handle government-related sensitive materials or information.

Evidence Act (Chapter 97): Establishes rules regarding burden of proof and admissibility of evidence in Singapore courts. Important for enforcement provisions in case of confidentiality breach.

Contract Law (Common Law): Framework of contract law principles including formation, consideration, and enforcement. Particularly relevant for ensuring reasonable restrictive covenants and overall agreement enforceability.

Competition Act (Chapter 50B): Ensures that confidentiality provisions and restrictions don't violate competition laws or create unfair market advantages.

Criminal Law (Temporary Provisions) Act: Provides additional protection for trade secrets and industrial information, including criminal penalties for certain breaches of confidentiality.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, Β Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, Β Severance Pay, Governing Law, Entire Agreemen

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