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Employee Exit Non Disclosure Agreement Template for New Zealand

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Key Requirements PROMPT example:

Employee Exit Non Disclosure Agreement

"I need an Employee Exit Non-Disclosure Agreement for a senior software developer leaving our fintech company on March 15, 2025, with specific provisions for protecting our proprietary trading algorithms and client data."

Document background
The Employee Exit Non Disclosure Agreement is a vital document used when employees leave an organization in New Zealand, regardless of the departure circumstances. It serves to protect the company's confidential information, trade secrets, and intellectual property after the employment relationship ends. This agreement is particularly important in today's knowledge-based economy where employees often have access to sensitive business information. The document must comply with New Zealand legislation, including the Employment Relations Act 2000, Privacy Act 2020, and relevant common law principles. It typically includes detailed provisions about what constitutes confidential information, the scope of non-disclosure obligations, and the duration of these obligations. The agreement should be presented to employees as part of the exit process, ideally before their last day of employment.
Suggested Sections

1. Parties: Identifies the employer and the departing employee who are entering into the agreement

2. Background: Sets out the context of the agreement, including the employee's former role and access to confidential information

3. Definitions: Defines key terms including 'Confidential Information', 'Trade Secrets', 'Intellectual Property', and other relevant terms

4. Confidentiality Obligations: Details the core obligations regarding non-disclosure of confidential information and trade secrets

5. Return of Property: Specifies requirements for returning company property, documents, and data

6. Acknowledgments: Employee's acknowledgment of the confidential nature of information and previous access

7. Surviving Obligations: Clarifies which obligations continue after employment termination

8. Breach and Remedies: Outlines consequences of breach and available remedies

9. General Provisions: Standard provisions including governing law, entire agreement, and severability

Optional Sections

1. Non-Disparagement: Mutual or one-way obligations regarding making negative statements about the other party

2. Intellectual Property Assignment: Additional provisions for assigning any outstanding IP rights, used when IP creation was part of the role

3. Third Party Information: Specific provisions regarding confidential information belonging to clients or business partners

4. Post-Employment Assistance: Terms for the employee's cooperation in transition or future inquiries

5. Consideration: Required if additional payment or benefit is provided in exchange for signing the agreement

6. Data Protection: Special provisions for handling personal data, particularly relevant if dealing with EU citizens or sensitive information

Suggested Schedules

1. Schedule 1 - Confidential Information: Detailed list of categories and specific types of confidential information covered

2. Schedule 2 - Company Property: Itemized list of physical and digital property to be returned

3. Schedule 3 - Acknowledgment Form: Form confirming return of all company property and compliance with obligations

4. Appendix A - Security Protocols: Specific procedures for handling and destroying confidential information

5. Appendix B - Third Party Obligations: List of specific third-party confidentiality obligations that must be maintained

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions






























Clauses

























Relevant Industries

Technology

Financial Services

Healthcare

Professional Services

Manufacturing

Research and Development

Retail

Telecommunications

Education

Legal Services

Biotechnology

Media and Entertainment

Construction

Energy

Consulting

Relevant Teams

Human Resources

Legal

Information Technology

Research and Development

Sales

Marketing

Operations

Finance

Executive Leadership

Product Development

Customer Service

Administration

Business Development

Engineering

Quality Assurance

Relevant Roles

Chief Executive Officer

Chief Technology Officer

Software Developer

Human Resources Manager

Financial Controller

Sales Manager

Research Scientist

Product Manager

Business Analyst

Marketing Director

Operations Manager

Legal Counsel

Project Manager

Database Administrator

Account Executive

Executive Assistant

Department Head

Technical Lead

Customer Service Representative

Administrative Assistant

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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