The Candidate Non Disclosure Agreement is essential for protecting sensitive business information during recruitment processes in the United States. It's commonly used when candidates need access to confidential data, trade secrets, or proprietary information to demonstrate their capabilities or understand the role. The agreement ensures compliance with federal laws such as the Defend Trade Secrets Act and state-specific trade secret protection laws, while establishing clear obligations for information handling and confidentiality maintenance.
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1. Parties: Identifies the company and the candidate who are entering into the agreement
2. Background: Explains the context - that the candidate may receive confidential information during the recruitment process
3. Definitions: Defines key terms, especially 'Confidential Information', 'Recruitment Process', and 'Purpose'
4. Confidentiality Obligations: Core obligations regarding non-disclosure and permitted uses of confidential information
5. Return of Materials: Obligations to return or destroy confidential materials upon request or process completion
6. Term and Survival: Duration of the agreement and which provisions survive termination
7. Governing Law: Specifies applicable jurisdiction and law
1. Non-Solicitation: Additional provisions preventing candidate from soliciting employees or clients when exposed to sensitive employee or client information
2. Intellectual Property: Provisions addressing ownership of any IP created during recruitment process, particularly relevant for technical assessments or creative work
3. Data Protection: Specific provisions about handling personal data when confidential information includes such data
4. Whistleblower Provisions: Required notifications about whistleblower rights in compliance with DTSA requirements
1. Schedule of Confidential Information: Detailed list of types of confidential information covered
2. Schedule of Permitted Disclosures: List of specifically permitted disclosures or uses
3. Schedule of Security Requirements: Specific security measures required when handling confidential information
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