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Employee Exit Non Disclosure Agreement for Hong Kong

Employee Exit Non Disclosure Agreement Template for Hong Kong

A comprehensive legal agreement governed by Hong Kong law that establishes and enforces confidentiality obligations for departing employees. This document outlines the specific requirements for maintaining confidentiality of company information after employment termination, including the handling of trade secrets, intellectual property, and proprietary information. It ensures compliance with Hong Kong employment and data privacy laws while protecting the employer's legitimate business interests through enforceable post-employment obligations.

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Employee Exit Non Disclosure Agreement

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What is a Employee Exit Non Disclosure Agreement?

The Employee Exit Non Disclosure Agreement is a crucial document used when an employee leaves an organization in Hong Kong. It serves to protect confidential information, trade secrets, and intellectual property that the employee had access to during their employment. This document becomes particularly important in today's knowledge-based economy where information protection is vital for maintaining competitive advantage. The agreement must comply with Hong Kong employment laws, the Personal Data (Privacy) Ordinance, and relevant common law principles regarding restraint of trade. It typically includes detailed provisions about what constitutes confidential information, obligations for returning company property, and specific requirements for handling electronic data. This document is essential for risk management and intellectual property protection, especially when employees have had access to sensitive business information.

What sections should be included in a Employee Exit Non Disclosure Agreement?

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

2. Background: Brief context of the employment relationship and its termination

3. Definitions: Key terms including 'Confidential Information', 'Trade Secrets', 'Intellectual Property', and 'Company Materials'

4. Acknowledgment of Prior Obligations: Recognition of existing confidentiality obligations from employment contract

5. Scope of Confidential Information: Detailed description of what constitutes confidential information

6. Non-Disclosure Obligations: Core confidentiality obligations and prohibited uses of confidential information

7. Return of Company Property: Requirements for returning all company materials and documents

8. Deletion of Electronic Information: Obligations regarding electronic data and confirmation of deletion

9. Surviving Obligations: Specification of which obligations continue after employment

10. Breach and Remedies: Consequences of breaching the agreement and available remedies

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

What sections are optional to include in a Employee Exit Non Disclosure Agreement?

1. Non-Disparagement: Mutual or one-way obligations not to make negative statements, include if reputation management is a concern

2. Third Party Information: Special provisions for handling client or vendor information, include if employee had access to third party confidential information

3. Intellectual Property Confirmation: Additional IP assignment provisions, include if employee was involved in IP creation

4. Data Privacy Obligations: Specific provisions about personal data handling, include if employee had access to personal data

5. Reference and Announcements: Agreement on how departure will be communicated, include for senior employees

6. Cooperation in Legal Proceedings: Obligation to assist in future legal matters, include if employee had key role or knowledge

7. Consideration: Details of any additional payment or benefit in exchange for signing, include if offering additional consideration

What schedules should be included in a Employee Exit Non Disclosure Agreement?

1. Schedule 1 - List of Confidential Information: Detailed categorization of confidential information specific to employee's role

2. Schedule 2 - Company Materials for Return: Itemized list of physical and electronic materials to be returned

3. Schedule 3 - Confirmation of Compliance: Form for employee to certify return of materials and deletion of information

4. Appendix A - Data Deletion Certificate: Technical confirmation of deletion of electronic data

5. Appendix B - Prior Inventions: List of employee's pre-existing IP if relevant to role

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Hong Kong

Publisher

Ƶ

Document Type

Evaluation Form

Cost

Free to use
Relevant legal definitions






























Clauses

























Relevant Industries

Technology

Financial Services

Professional Services

Manufacturing

Healthcare

Telecommunications

Research and Development

Retail

Media and Entertainment

Education

Biotechnology

Consulting

Real Estate

Insurance

Relevant Teams

Human Resources

Legal

Information Technology

Research and Development

Executive Leadership

Sales

Marketing

Operations

Finance

Product Development

Customer Service

Business Development

Data Analytics

Engineering

Design

Relevant Roles

Chief Executive Officer

Chief Technology Officer

Senior Developer

Research Scientist

Product Manager

Sales Director

Financial Analyst

Human Resources Manager

Marketing Executive

Operations Manager

Project Manager

Business Development Manager

Data Scientist

System Administrator

Account Manager

Legal Counsel

Department Head

Technical Lead

Senior Consultant

Design Manager

Industries







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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