What elements should a trade secret confidentiality agreement contain?

In the market economy, although the flow of talents promotes the reasonable distribution of knowledge and the sustainable development of the economy, it also has side effects, that is, the outflow of talents infringes upon the legitimate interests of the original unit, which is manifested in the loss of business secrets. So, what elements should a trade secret confidentiality agreement contain? The editor of Legal Savior Network has compiled the following content, hoping it will be helpful to you.

What elements should a trade secret confidentiality agreement contain

A trade secret confidentiality agreement should contain the following elements:

1. Confidentiality Content

1. Trading secrets

2. Business secrets

3. Management secrets

4. Technical secrets

2. Scope of confidentiality

1. Employee entry Existing trade secrets of the former company;

2. Employees’ job inventions and work and business results during the contract period;

3. Business secrets owned by the company during the employee's contract period

3. Rights and Obligations

The specific content of employees’ confidentiality obligations can be determined by the law firm based on the company’s specific business, and generally includes the following content:

1. Do not pry into business secrets that are not related to your job or business;

2. Do not assume confidentiality obligations to those who do not Any third party shall disclose the company’s trade secrets;

3. The company shall not be allowed to (lend, donate, lease, transfer, etc.) The act of "allowing" or assisting any third party who does not bear the obligation of confidentiality to use the company's trade secrets;

4. If you discover that trade secrets have been leaked or you have accidentally leaked trade secrets, you should take effective measures to prevent further leakage and report to the relevant departments of the company in a timely manner.

When an employer stipulates relevant clauses on keeping trade secrets in the labor contract signed with its employees, it should generally include the following content:

1. It is clearly stipulated that during the performance of the labor contract, employees have the obligation to keep the employer’s business secrets and not disclose them to the public;

2. Reasonable restrictions and compensation should be given to employees who change jobs or work in similar enterprises and engage in the same occupation after rescinding or terminating their labor contracts;

3. The liability for employees who violate the terms of confidentiality of business secrets stipulated in the employment contract is mainly the amount and method of compensation for losses.

Article 23 of the "Labor Contract Law of the People's Republic of China": The employer and the employee may agree in the labor contract to keep the employer's business secrets and confidentiality matters related to intellectual property rights.

For employees who have the obligation to keep confidentiality, the employer may specify in the labor contract orThe confidentiality agreement stipulates a non-competition clause with the employee, and stipulates that after the labor contract is terminated or terminated, the employee will be given monthly financial compensation during the non-competition period. If an employee violates the non-compete agreement, he shall pay liquidated damages to the employer in accordance with the agreement.

The above knowledge is the editor’s answer to the question “What elements should be included in a trade secret confidentiality agreement?” If you need more legal If you need help, welcome to the Legal Savior Network for legal consultation.