This Non Disclosure Agreement Employee Termination is essential when concluding employment relationships in Hong Kong, particularly where employees have had access to sensitive company information. It should be used alongside standard termination documentation to ensure continued protection of confidential information after employment ends. The document addresses requirements under Hong Kong law, including the Employment Ordinance and Personal Data (Privacy) Ordinance, while establishing clear obligations regarding non-disclosure of trade secrets, customer information, and other proprietary data. It's particularly crucial for employees in senior positions or those with access to sensitive information, and should be implemented as part of a structured offboarding process.
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1. Parties: Identification of the employer and the departing employee
2. Background: Context of the employment relationship and its termination
3. Definitions: Definitions of key terms including 'Confidential Information', 'Trade Secrets', 'Intellectual Property', and 'Company Materials'
4. Acknowledgment of Prior Obligations: Reference to existing confidentiality obligations from employment contract
5. Scope of Confidential Information: Detailed description of what constitutes confidential information
6. Non-Disclosure Obligations: Specific obligations regarding non-disclosure of confidential information
7. Return of Company Property: Requirements for returning all company materials and information
8. Duration of Obligations: Timeframe for continuing confidentiality obligations
9. Breach and Remedies: Consequences of breaching the agreement and available remedies
10. General Provisions: Standard provisions including governing law, jurisdiction, and entire agreement
1. Intellectual Property Rights: Additional provisions regarding IP created during employment, used when the employee was involved in creative or technical work
2. Ongoing Projects: Provisions for handling confidential information related to specific ongoing projects, included when employee was involved in critical projects
3. Third Party Information: Specific provisions for handling third party confidential information, included when employee had access to client or partner data
4. Non-Disparagement: Mutual or one-way non-disparagement provisions, included in sensitive departures
5. Survival of Other Obligations: Reference to surviving obligations from employment agreement, included when original employment contract contains relevant continuing obligations
1. Schedule 1 - Specific Confidential Information: Detailed list of specific confidential information and trade secrets covered
2. Schedule 2 - Company Materials for Return: Inventory of company property, documents, and materials to be returned
3. Schedule 3 - Existing Projects: List of ongoing projects and related confidential information, if applicable
4. Appendix A - Acknowledgment Form: Form for employee to confirm return of all company materials and information
5. Appendix B - Exit Interview Checklist: Checklist confirming discussion of confidentiality obligations during exit interview
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