Confidentiality Agreement For Employees Template for Ireland

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Key Requirements PROMPT example:

Confidentiality Agreement For Employees

I need a Confidentiality Agreement For Employees for our Dublin-based software development company, with strong provisions for protecting source code and technical information, and specific clauses addressing remote work security protocols.

Document background
The Confidentiality Agreement For Employees is a crucial document used when onboarding new employees or updating agreements with existing staff in Ireland. It serves to protect proprietary information, trade secrets, and other confidential business information that employees may access during their employment. This agreement is particularly important given Ireland's position as a hub for international businesses and technology companies, requiring compliance with both Irish law and EU regulations, including GDPR and the Protected Disclosures Act 2014. The document should be tailored to reflect the specific nature of the confidential information handled by the employee while ensuring it remains reasonable and enforceable under Irish law.
Suggested Sections

1. Parties: Identification of the employer company and the employee

2. Background: Context of the agreement, employment relationship, and reason for confidentiality obligations

3. Definitions: Define key terms including 'Confidential Information', 'Trade Secrets', 'Intellectual Property', and 'Permitted Recipients'

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

5. Employee Obligations: Specific duties and responsibilities regarding confidential information handling and protection

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including statutory rights and protected disclosures

7. Data Protection Compliance: Obligations regarding personal data handling in accordance with GDPR and Irish Data Protection Act

8. Duration of Obligations: Time period for confidentiality obligations, including post-employment

9. Return of Confidential Information: Requirements for returning or destroying confidential information upon employment termination

10. Breach and Consequences: Actions constituting breach and resulting consequences, including potential remedies

11. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement

Optional Sections

1. Intellectual Property Rights: Additional section when the employee will be involved in creating IP or handling sensitive technical information

2. Third Party Information: Include when employee will handle confidential information belonging to clients, customers, or business partners

3. Information Security Protocols: Detailed security measures when employee has access to highly sensitive data or IT systems

4. Non-Competition Provisions: Optional restrictions on post-employment activities, must be reasonable and limited in scope

5. Monitoring and Compliance: Include when implementing specific monitoring systems or compliance protocols

6. International Transfers: Required when employee will handle data that may be transferred outside the EEA

Suggested Schedules

1. Schedule 1 - Categories of Confidential Information: Detailed list of specific types of confidential information relevant to the employee's role

2. Schedule 2 - Approved Information Security Procedures: Specific protocols for handling and protecting confidential information

3. Schedule 3 - Permitted Recipients: List of authorized persons or entities with whom confidential information may be shared

4. Appendix A - Acknowledgment Form: Form for employee to sign confirming receipt and understanding of confidentiality obligations

5. Appendix B - Exit Procedures: Checklist of steps to be followed regarding confidential information when employment ends

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

Relevant legal definitions
Relevant Industries

Technology

Financial Services

Healthcare

Professional Services

Manufacturing

Research and Development

Pharmaceuticals

Telecommunications

Retail

Education

Media and Entertainment

Biotechnology

Energy

Consulting

Legal Services

Relevant Teams

Human Resources

Legal

Information Technology

Research and Development

Executive Leadership

Finance

Sales

Marketing

Operations

Customer Support

Product Development

Administration

Information Security

Business Development

Quality Assurance

Relevant Roles

Chief Executive Officer

Chief Technology Officer

Software Developer

Human Resources Manager

Financial Controller

Research Scientist

Product Manager

Sales Representative

Marketing Director

Data Analyst

Legal Counsel

Project Manager

Systems Administrator

Business Development Manager

Executive Assistant

Operations Manager

Customer Service Representative

Technical Support Specialist

Research and Development Engineer

Administrative Assistant

Industries
The Protected Disclosures Act 2014: Provides protection for employees who make protected disclosures ('whistleblowing'). The confidentiality agreement must not prevent employees from making legitimate protected disclosures.
General Data Protection Regulation (GDPR): EU regulation implemented in Ireland that governs how personal data must be processed, stored, and protected. Relevant for confidentiality obligations involving personal data.
Data Protection Act 2018: Irish implementation of GDPR, providing specific national requirements for data protection and privacy.
The European Union (Protection of Trade Secrets) Regulations 2018: Implements EU Trade Secrets Directive in Ireland, defining trade secrets and their protection, which is crucial for confidentiality agreements.
Employment Equality Acts 1998-2015: Ensures that confidentiality provisions do not discriminate against employees or prevent them from exercising their rights under equality legislation.
Competition Act 2002: Relevant for ensuring confidentiality provisions do not create unfair restrictions on competition or trade.
Constitution of Ireland (Bunreacht na hÉireann): Article 40.6.1 protects freedom of expression, and Article 45 protects the right to earn a livelihood. Confidentiality provisions must be balanced against these constitutional rights.
Common Law Duty of Confidentiality: Established through case law, defines the basic principles of confidentiality in employment relationships and the reasonable scope of confidentiality 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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