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NDA For Employee Leaving Company Template for Hong Kong

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Key Requirements PROMPT example:

NDA For Employee Leaving Company

"I need an NDA For Employee Leaving Company for our Senior Software Architect who is departing in March 2025, with specific provisions for protecting our source code, technical documentation, and client data, as well as ongoing projects in our Hong Kong office."

Document background
The NDA For Employee Leaving Company is a crucial document used when an employee terminates their employment relationship with a company 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 is particularly important in Hong Kong's dynamic business environment, where employee mobility is high and protection of business information is crucial. The agreement should be presented to employees during their exit process, typically in conjunction with their exit interview and final settlement of employment matters. It must comply with Hong Kong's common law system and relevant ordinances, including the Employment Ordinance and Personal Data (Privacy) Ordinance. The document typically includes detailed provisions about what constitutes confidential information, obligations for returning company property, and mechanisms for enforcement.
Suggested Sections

1. Parties: Identifies the employer company and the departing employee as parties to the agreement

2. Background: States the context of the agreement, including the employee's former position and access to confidential information

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

4. Acknowledgment of Confidentiality Obligations: Employee's acknowledgment of existing and continuing confidentiality obligations

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

6. Non-Disclosure Obligations: Specific obligations regarding non-disclosure, non-use, and protection of confidential information

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

8. Survival of Obligations: Clarification that confidentiality obligations survive employment termination

9. Breach and Remedies: Consequences of breach and available remedies including injunctive relief

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

Optional Sections

1. Intellectual Property Rights: Additional provisions specifically addressing IP rights when the employee had access to or created IP

2. Non-Solicitation: Restrictions on soliciting company employees or customers, if appropriate under the circumstances

3. Overseas Confidentiality Obligations: Additional provisions for employees who worked across jurisdictions

4. Third Party Information: Specific provisions regarding confidential information belonging to company clients or partners

5. Data Protection Obligations: Specific provisions regarding personal data handling when the employee had access to significant personal data

6. Post-Termination Assistance: Requirements for the employee to assist with knowledge transfer or future inquiries

Suggested Schedules

1. Schedule 1 - Specific Confidential Information: Detailed list of specific confidential information, trade secrets, and proprietary information covered

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

3. Schedule 3 - Acknowledgment Form: Form for the employee to sign confirming return of all company property and documents

4. Appendix A - Exit Interview Checklist: Checklist of confidentiality-related items to be covered in the exit interview

Authors

Alex Denne

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

Relevant legal definitions






























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Relevant Industries

Technology

Financial Services

Professional Services

Manufacturing

Healthcare

Retail

Telecommunications

Research & Development

Media & Entertainment

Education

Biotechnology

Consulting

Relevant Teams

Human Resources

Legal

Information Technology

Research & Development

Sales

Marketing

Finance

Operations

Product Development

Customer Service

Executive Office

Business Development

Relevant Roles

Chief Executive Officer

Chief Technology Officer

Senior Manager

Project Manager

Software Developer

Research Scientist

Financial Analyst

Sales Executive

Product Manager

Human Resources Manager

Operations Manager

Business Development Manager

Technical Lead

Account Manager

Marketing Manager

Data Analyst

Systems Administrator

Executive 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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