Employee Non-Disclosure Agreement

An Employee Non-Disclosure Agreement is, in many ways, a standard practice in the business world. Companies in specific industries always ask their employees to sign a Non-Disclosure Agreement.

This isn't an issue of trust but protection. The employer's primary concern is to protect its interests and its ability to remain competitive in the long term.

What Is an Employee Non-Disclosure Agreement?

Traditionally, technology, marketing, and accounting companies often use the Employee Non-Disclosure Agreement and the Employment Contract. There are benefits to the employees, too, as it makes it easier for them to discern what should and should not be disclosed.

Nowadays, the Employee Non-Disclosure Agreement is a common practice in almost all industries. An employee may refuse to sign the agreement, but that can lead to the employer rescinding the job offer. In this sense, the Employee Non-Disclosure Agreements have gone through additional scrutiny as of late.

Other Names for Employee Non-Disclosure Agreement

Depending on your state, an Employee Non-Disclosure Agreement may also be known as:

• Employee Confidentiality Agreement
• Employee NDA
• Employee ND Agreement
• Employee Non-Disclosure Form

Who Needs an Employee Non-Disclosure Agreement?

Any employer or company can decide to add an Employee Non-Disclosure Agreement requirement for new and current employees. In most cases, the companies work with extensive client lists, proprietary and valuable information, and designs adamant about getting employees to agree.

Why Use Swyft Forms for Your Employee Non-Disclosure Agreement

Customized for you, by you

Create your own documents by answering our easy-to-understand questionnaires to get exactly what you need out of your Employee Non-Disclosure Agreement.

Specific to Your Jurisdiction

Laws vary by location. Each document on Swyft Forms is customized for your state.

How to Create an Employee Non-Disclosure Agreement with Swyft Forms

The Employee Non-Disclosure Agreement doesn't require too much information. Nor is it supposed to be too long or excessively detailed. Everything should be clear and concise. That's why a practical template can be a life-saver for your company.

Let Swyft Forms help with our extensive library of attorney-vetted legal forms. The process is fast and easy. All you have to do is fill out our easy-to-understand questionnaire. Once complete, simply download your form as a PDF or Word document from your secure online account.

What Information Will I Need to Create My Employee Non-Disclosure Agreement?

To create your document, please provide:

• Employer Information: The company's legal name or the employer, including the location and contact information.
• Employee Information: The legal name of the employee, including contact information.
• Effective Date: The date when the agreement is to go into effect.
• Scope: Details what is considered sensitive and confidential information and whether the employer will learn of it in writing or in person.
• Examples: Specific examples of what should not be disclosed.
• Additional Clauses: Specify any necessary clauses, such as non-compete or non-solicitation.
• Term: Specify the duration of the agreement and if it continues after the employee leaves the company.
• Signatures: Both parties must sign the contract.

Employee Non-Disclosure Agreement Terms

• Trade Secret: Any intellectual property containing valuable information not generally known (formulas, designs, or practices)
• Proprietary: Belonging to one party
• Confidentiality: The ability to keep information private
• Immunity: An exemption to an agreement
• Exclusions: Items specifically not covered under the non-disclosure agreement
• Scope: A description of what the non-disclosure agreement entails
• Governing Law: The legal system that will intervene in the event of a dispute
• Non-Compete: An agreement to not compete in the same area
• Non-Solicitation: A clause preventing an employee from soliciting others after they leave the company

Employee Non-Disclosure Agreement Signing Requirements

Both parties should review a draft of the Employee Non-Disclosure Agreement before signing. An employee can ask for an attorney to look over it as well. Once it's signed, it becomes legally binding. Typically, you don't have to notarize the Employee Non-Disclosure Agreement, nor do you need a witness. You may choose to use either if you want.

What to Do with Your Employee Non-Disclosure Agreement

After the Employee Non-Disclosure Agreement is signed, both parties should hold on to a physical copy of the agreement. The employer should attach the agreement to the file for the employee in question at the HR department.