The Confidentiality Agreement Upon Termination Of Employment is a crucial document used when an employment relationship is ending in New Zealand. It is typically implemented during the employee offboarding process to ensure continued protection of sensitive business information after employment ceases. The agreement is particularly important when employees have had access to valuable trade secrets, client information, proprietary technology, or other confidential business information during their employment. It must comply with New Zealand legislation, including the Employment Relations Act 2000 and Privacy Act 2020, while remaining reasonable in scope to ensure enforceability. The document typically includes specific provisions about the return or destruction of confidential information, ongoing obligations of confidentiality, and the consequences of breach.
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1. Parties: Identification of the employer and the departing employee
2. Background: Context of the agreement, including reference to the employment relationship and its termination
3. Definitions: Definitions of key terms including 'Confidential Information', 'Trade Secrets', 'Intellectual Property', and other relevant terms
4. Acknowledgment of Confidential Information: Employee's acknowledgment of access to and possession of confidential information during employment
5. Confidentiality Obligations: Core obligations regarding non-disclosure, non-use, and protection of confidential information
6. Return of Confidential Information: Requirements for returning or destroying confidential information and company property
7. Duration of Obligations: Timeframe for which confidentiality obligations remain in effect
8. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
9. General Provisions: Standard contract terms including governing law, entire agreement, and severability
1. Intellectual Property Rights: Additional provisions specifically addressing IP rights, used when the employee was involved in creating intellectual property
2. Non-Solicitation: Provisions preventing solicitation of customers or employees, included when there's significant client/employee relationship risk
3. International Obligations: Additional provisions for cross-border information protection, used when the company operates internationally
4. Industry-Specific Obligations: Special provisions for regulated industries (e.g., financial services, healthcare)
5. Data Privacy Compliance: Specific obligations regarding personal data protection, used when the employee had access to significant personal data
6. Third Party Information: Provisions specifically addressing confidential information belonging to clients or business partners
7. Survival of Other Obligations: Reference to surviving obligations from the employment agreement, used when other post-employment obligations exist
1. Schedule 1 - Confidential Information: Detailed list or categories of confidential information covered by the agreement
2. Schedule 2 - Company Property: List of company property to be returned by the employee
3. Schedule 3 - Acknowledgment Form: Form for the employee to confirm return of all confidential information and company property
4. Appendix A - Handling Procedures: Specific procedures for handling, returning, or destroying confidential information
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