Post Employment Confidentiality Agreement Template for England and Wales

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Post Employment Confidentiality Agreement Template

I need a Post Employment Confidentiality Agreement Template for a senior software developer leaving our fintech company in March 2025, with specific focus on protecting our source code and client data, including provisions for remote work and cloud-based systems.

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What is a Post Employment Confidentiality Agreement?

The Post Employment Confidentiality Agreement Template is designed for use when an employee leaves an organization and needs to maintain confidentiality of sensitive information acquired during employment. This agreement, governed by English and Welsh law, is essential for protecting trade secrets, intellectual property, and other confidential business information after the employment relationship ends. It typically includes specific definitions of confidential information, duration of obligations, and requirements for handling sensitive material. The agreement is particularly crucial for roles involving access to proprietary information, client data, or strategic business plans.

What sections should be included in a Post Employment Confidentiality Agreement?

1. Parties: Identifies and defines the parties to the agreement

2. Background: States context and purpose of the agreement

3. Definitions: Defines key terms used throughout the agreement

4. Confidential Information: Defines what constitutes confidential information

5. Obligations of Confidentiality: Details the core confidentiality obligations

6. Duration: Specifies how long the obligations last

7. Return of Confidential Information: Requirements for returning or destroying confidential materials

What sections are optional to include in a Post Employment Confidentiality Agreement?

1. Intellectual Property Rights: Additional provisions for protecting specific IP rights, particularly relevant when dealing with technical information or creative works

2. Non-Competition: Restrictions on competing activities, typically included for senior employees or those with access to sensitive commercial information

3. Non-Solicitation: Restrictions on approaching clients or employees, important for client-facing roles or management positions

4. Permitted Disclosures: Circumstances where disclosure is allowed, particularly relevant when regulatory or legal compliance might require disclosure

What schedules should be included in a Post Employment Confidentiality Agreement?

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

2. Schedule 2: Permitted Recipients: List of persons/entities allowed to receive confidential information

3. Schedule 3: Return/Destruction Certificate: Template certificate confirming return/destruction of confidential information

Authors

Alex Denne

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

Industries

Trade Secrets (Enforcement, etc.) Regulations 2018: Key legislation that implements the EU Trade Secrets Directive, defining trade secrets and their protection, and outlining remedies for misuse of confidential information

Employment Rights Act 1996: Primary legislation covering basic employment rights, post-employment obligations, and provisions about unfair restraint of trade

Data Protection Act 2018 and UK GDPR: Legislation governing the handling of personal data, data protection obligations, and individual rights regarding their personal data

Common Law Principles: Legal principles established through case law covering duty of confidentiality, reasonableness of restrictions, and legitimate business interests

Contract Law: Fundamental legal principles governing consideration requirements, enforceability of terms, and reasonable restraint of trade doctrine

Equality Act 2010: Legislation ensuring restrictions don't discriminate, covering protected characteristics and equal treatment requirements

Human Rights Act 1998: Legislation protecting fundamental rights including right to work, privacy rights, and freedom of expression

Companies Act 2006: Corporate legislation covering directors' duties, corporate confidentiality, and fiduciary obligations

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,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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