What is an Employee NDA?
A Non-Disclosure Agreement (NDA) with a prospective employee is a legal agreement between an employer (the disclosing party) and a prospective employee (the receiving party) that aims to protect confidential information disclosed during the hiring process.
This agreement is generally one-sided and aimed at protecting the company to ensure that the prospective employee agrees not to disclose or misuse any confidential information they may gain access to during the hiring process.
This template is for protecting a company's confidential information and maintaining trust and confidentiality in the employment relationship.
A high-quality draft covers, among other things, the following matters:
- Draft this agreement on the Company's letterhead
- Prospective employee information
- Definition of confidential information with carve out for trade secrets and specific information
- Ownership of the confidential information
- Exclusions from the definition, if any
- Obligations of the prospect with regard to use of confidential information
- Permitted disclosures, if any
- Remedy for breach
- Term / duration of the prospect's obligations
- Termination– when the agreement can be terminated and obligation of the parties upon such termination including return of information
- Governing law and jurisdiction details
