The Confidentiality Agreement Employee Leaving is a crucial document used when employees terminate their employment relationship with a company in Hong Kong. It is particularly important for employees who have had access to sensitive business information, trade secrets, or intellectual property during their employment. The agreement ensures continued protection of confidential information after employment ends, incorporating requirements under Hong Kong law including the Personal Data (Privacy) Ordinance and Employment Ordinance. It typically includes provisions for returning company property, defining confidential information, establishing ongoing obligations, and specifying remedies for breaches. This document is essential for risk management and protecting company interests, especially in industries where intellectual property and trade secrets are vital assets.
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1. Parties: Identifies the employer and the departing employee
2. Background: Explains the context of the agreement, including the employee's former position and access to confidential information
3. Definitions: Defines key terms including 'Confidential Information', 'Trade Secrets', 'Intellectual Property Rights'
4. Acknowledgment of Confidentiality Obligations: Employee's acknowledgment of having accessed confidential information during employment
5. Scope of Confidential Information: Detailed description of what constitutes confidential information
6. Return of Company Property: Obligations regarding the return of physical and digital company property
7. Continuing Obligations: Ongoing duties to maintain confidentiality post-employment
8. Non-Disclosure Obligations: Specific restrictions on use and disclosure of confidential information
9. Intellectual Property Rights: Confirmation of company ownership of IP and related obligations
10. Breach and Remedies: Consequences of breaching the agreement and available remedies
11. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
12. Execution: Signature blocks and execution details
1. Non-Compete Provisions: Additional restrictions on competitive activities, if appropriate and reasonable under Hong Kong law
2. Non-Solicitation of Employees: Restrictions on approaching current employees, if relevant to the employee's position
3. Non-Solicitation of Customers: Restrictions on approaching company customers, if relevant to the employee's role
4. Data Privacy Obligations: Specific obligations regarding personal data if the employee had access to such information
5. Survival of Previous Agreements: Reference to continuing obligations from employment agreement if applicable
6. Third Party Rights: Provisions under the Contracts (Rights of Third Parties) Ordinance if third parties need protection
7. Cooperation in Legal Proceedings: Obligation to assist in future legal proceedings if relevant
1. Schedule 1 - List of Confidential Information: Detailed categorization of specific confidential information accessed by the employee
2. Schedule 2 - Company Property to be Returned: Itemized list of physical and digital assets to be returned
3. Schedule 3 - Existing Agreements: List of relevant existing agreements containing confidentiality obligations
4. Appendix A - Acknowledgment Form: Form confirming return of all company property and confidential information
5. Appendix B - Exit Interview Checklist: Checklist of confidentiality-related matters to be covered in exit interview
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