202 1 model employee confidentiality agreement 1
Party A:
Address:
Person in charge of the company:
Postal code:
Party B:
Address:
Contact telephone number:
ID number:
Party B has (or will) know or master Party A's business secrets because of working in Party A. In order to clarify Party B's confidentiality obligations, Party A and Party B sign this confidentiality agreement on the principles of equality, voluntariness, fairness, honesty and credibility.
I. Contents and scope of confidentiality
Party A and Party B confirm that the scope of Party A's business secrets that Party B should undertake confidentiality obligations includes but is not limited to the following contents:
(1) technical information, the scope of which mainly includes technical scheme, engineering design, circuit design, manufacturing method, technological process, technical indicators, computer software, database, experimental results, drawings, samples, prototypes, molds, operation manuals, technical documents, business letters and telegrams for designing trade secrets, etc.
(2) Business information, the scope of which mainly includes customer list, marketing plan, purchasing materials, pricing policies, financial statements and accounting files, purchase channels, production and marketing strategies, pre-tender estimate and bidding contents.
(3) Matters for which Party A undertakes confidentiality obligations according to laws or relevant agreements.
Second, Party B's confidentiality obligations
With regard to the trade secrets mentioned in Article 1, Party B shall undertake the following confidentiality obligations:
(1) Don't pry into business secrets that have nothing to do with employees' work or their own business;
(2) Party A shall not disclose it to any third party that does not undertake confidentiality obligations.
202 1 model employee confidentiality agreement 2
Party A: (Entrusting Party)
Party B: (Trustee)
According to the Anti-Unfair Competition Law of People's Republic of China (PRC) and relevant national and local regulations, Party A and Party B have reached the following agreement through friendly negotiation on the trade secrets of both parties in the process of product marketing, advertising service, processing contract, business expansion and market development:
I. Contents and scope of confidentiality
1. The trade secrets mentioned in this agreement refer to technical information and commercial information that are not known to the public, can bring economic benefits to Party A, are practical, and are required by Party A to take confidentiality measures. Specifically, it includes: all business data provided by Party A to Party B for planning, processing or necessary during the cooperation period, including but not limited to customer data, financial data, production situation of production base, production data, product cost, product pricing, personnel records, employee data, supply information, supplier list, market position data, performance evaluation, sales history, feeding channels, test data, technological process, product formula, sales plan and new business.
2. Although it does not meet the constitutive requirements of trade secrets, the provisions on rights and obligations in this Agreement are also applicable to the materials or information that Party A explicitly requires to be kept confidential. The "trade secrets" mentioned in the following clauses shall be understood as including the materials or information referred to in this paragraph, and shall not be separately pointed out.
Second, the rights and obligations of both parties
1. All kinds of business materials used by Party B for planning, processing, contracting or necessary shall be provided by Party A. Any brand resources, business data, intangible assets, intellectual property rights and other related rights formed based on this information or business cooperation shall be owned by Party A..
2. Party A shall not provide Party B's plan, design or scheme to other advertising plans or companies.
3. All materials provided by Party A to Party B shall be kept by special personnel, and Party B shall ensure that irrelevant personnel and personnel outside the company shall not obtain the above materials through various channels.
4. During the cooperation period, Party B shall not accept the entrustment of a company engaged in the same business or similar business with Party A to provide marketing planning or business, and shall not carry out the above business in cooperation or other forms.
5. Within three years after the expiration of the cooperation period, Party B shall not use Party A's business secret information to accept the entrustment of organizations or individuals engaged in similar business or similar business with Party A to provide similar or similar planning or other business.
6. After the expiration of the cooperation period or the termination of the contract by both parties, Party B shall return all the commercial materials of Party A, and shall not keep copies without authorization, and shall still bear the responsibility of confidentiality.
7. In addition to the above obligations, Party B shall abide by Party A's relevant confidentiality system and the confidentiality obligations agreed in this agreement, and educate Party B's employees to abide by the same obligations. Party B shall be jointly and severally liable for the disclosure, improper use or any other form of disclosure of trade secrets caused by the behavior of its employees (including professional behavior and personal behavior).
8. The contract price that Party A has paid or should pay to Party B according to the main contract (note: indicate the name, number and signing date of the main contract according to the specific situation) has fully considered the confidentiality obligations that Party B should undertake when determining the price amount. Therefore, the main contract price already includes the consideration for Party B to perform or undertake the obligations under this agreement, so Party A does not need to pay Party B another price for this agreement, and Party B may not ask for additional price accordingly.
Three. articles of agreement
This agreement shall come into force as of the date of signature and seal by both parties, and the validity of the agreement shall be within the whole cooperation period of both parties and the confidentiality and non-competition period stipulated in this agreement. The business secrets mastered by Party B during the cooperation with Party A shall not be disclosed or improperly used, including the confidentiality obligation after the expiration of this agreement, otherwise Party B shall bear corresponding legal responsibilities.
Fourth, the liability for breach of contract
1. If Party B and its staff violate the confidentiality agreement and marry privately, illegally hold, secretly marry, disclose or infringe Party A's business secrets in any other way, Party A has the right to unconditionally terminate the relevant business cooperation agreement, and demand Party B to bear the liability for breach of contract and pay a penalty of RMB 10,000 only. Party B voluntarily waives the right to claim that the liquidated damages are too high and request the court or arbitration tribunal to make appropriate adjustments.
2. If Party B violates this Agreement, illegally holds, steals, divulges or infringes on Party A's business secrets in any other way, thus causing economic losses to Party A, Party A has the right to require the other party to bear the liability for breach of contract according to the above terms, and compensate all losses (including intangible assets, market share and available profits, etc.). ) caused by this; If the circumstances are serious, they shall bear corresponding criminal responsibilities.
3. The illegal possession, disclosure and theft of business secrets, no matter how they are obtained, should be known to Party B, a third party unrelated to Party B or the staff involved, or matters with the same or similar confidentiality scope in the market. Party B shall bear the opposite burden of proof.
Verb (abbreviation for verb) dispute settlement
1. Any dispute arising from this agreement shall be submitted to the court in the place where this agreement is signed, and the applicable law shall be People's Republic of China (PRC) law.
2. The breaching party shall bear all expenses incurred by the observant party in claiming rights, including but not limited to litigation/arbitration fees, attorney fees, travel expenses and expenses.
Supplementary clause of intransitive verbs
1. This agreement shall come into effect as of the date of signature or seal by both parties.
2. This Agreement is made in duplicate, with each party holding one copy.
3. This agreement is an integral part of the main contract (note: indicate the name, number and signing date of the main contract as appropriate) and has the same legal effect as the main contract.
4. others:
Party A (seal) and Party B (seal)
Signature of authorized representative Signature of authorized representative
Signing place:
Signing time: year month day
202 1 model employee confidentiality agreement 3
Party A: _ _ _ _ _ _ _
Party B: _ _ _ _ _ _
According to the Anti-Unfair Competition Law of People's Republic of China (PRC) and the relevant national and local regulations, Party A and Party B have reached the following agreement on the technical secrets of the enterprise and the protection of the property of the company and customers:
1. Scope of confidentiality:
Party A's undisclosed information, plans, schemes, instructions and business secrets related to development planning, principles and policies and business decisions;
Party A's financial budget, decision report, financial statements, statistical data, financial analysis report, audit data and bank account number;
Party A's mode of operation, status and operational strength;
Party A's undisclosed personnel transfer, appointment and removal;
The establishment, preparation, personnel roster, statistics, reward and punishment materials and assessment materials of Party A;
Personal salary income of Party A's employees at all levels;
Party A's confidential documents, materials, meeting minutes, letters, plans, tenders, pictures and computer software;
Information and property of Party A's customers;
Party A's proprietary product technology and new technology (including design scheme, test results and records, data, computer programs, etc.). ) and after-sales service technology;
Sales contracts, sales networks and channels.
2. Rights and obligations:
Party A shall provide normal technology research and development conditions and business development space for Party B, and strive to create opportunities conducive to Party B's development;
Without approval, Party B shall not copy, extract or take away Party A's secret documents, computer software and hardware at will or maliciously;
Without approval, Party B shall not disclose Party A's secrets to others.
202 1 model employee confidentiality agreement 4
Party A (unit): _ _ _ _ _ _
Legal address: _ _ _ _ _ _
Legal Representative: _ _ _ _ _ _
Party B (employee): _ _ _ _ _ _
ID number: _ _ _ _ _ _
Whereas Party B has (or will) know Party A's business secrets during his employment in Party A's unit, and has the opportunity to improve his knowledge, experience and skills, in order to clarify Party B's confidentiality obligations, Party A and Party B sign this confidentiality agreement based on the principles of equality, voluntariness, fairness, honesty and credibility:
I. Contents and scope of confidentiality
Party A and Party B confirm that the business secrets of Party A for which Party B has confidentiality obligations include but are not limited to the following contents:
1. Technical information: The scope of technical information includes but not limited to Party A's technical scheme, engineering design, circuit design, manufacturing method, formula, process flow, technical indicators, computer software, database, test results, drawings, samples, prototypes, models, molds, operation manuals, technical documents, business letters and telegrams involving trade secrets, etc.
2. Commercial information: The scope of commercial information includes but is not limited to Party A's customer list, marketing plan, procurement materials, pricing policies, undisclosed financial materials, procurement channels, production and marketing strategies, pre-tender estimate, demonstration contents in bidding, etc.
3. Matters for which Party A undertakes confidentiality obligations according to laws or relevant agreements.
4. Confidential information obtained and exchanged by Party B due to working relationship during the employment period, and all other confidential information related to Party A's affairs.
Second, the obligation of confidentiality.
Party B shall undertake the following obligations for Party A's trade secrets:
1. Party B shall not spy on Party A's business secrets unrelated to work or its own business;
2. Party B shall not disclose Party A's business secrets to any third party;
3. Any third party (including employees of Party A's unit) shall not obtain, use or plan to use Party A's business secret information, that is, it shall not directly or indirectly disclose the business secret information to employees inside and outside the unit except accepting instructions from Party A's unit to convey the confidential contents to employees of the unit or personnel of business units outside the unit who should know the above contents within the scope of business needs;
4. Work diligently for Party A's interests, and shall not organize, plan, organize or participate in any enterprise or activity that is competitive with the company during Party A's tenure; After the termination of the Labor Contract, Party B shall not directly or indirectly induce or help others to induce the employees of Party A who have business secrets to leave Party A's unit; Within _ _ _ _ _ years after the termination of the Labor Contract, Party B shall not form, participate in or be employed by a company or unit that has a competitive relationship with Party A. ..
5. Do not allow (lending, giving, renting or transferring Party A's trade secrets are "allowed") or assist any third party to use Party A's trade secret information;
6. Don't use or plan to use it for your own benefit;
7. Don't copy or disclose documents, letters, originals, copies, disks, CDs, etc. Contains the business secrets of Party A;
8. The documents of the relevant units kept or contacted by work shall be properly kept and shall not be used beyond the scope of work without authorization. If it is found that the trade secret is leaked or leaked due to its own fault, it shall take effective measures to prevent the leakage from further expanding and report to Party A in time;
9. Party B agrees to report the technical secrets or business secrets related to job creation and conception to Party A in time, and form a written report, and the job results shall be owned by Party A;
10. In the case that individual parts or elements of a trade secret are known, but other parts or all of the trade secret have not become known knowledge, so the trade secret has not lost its value, Party B shall assume the confidentiality obligation that it is still part of the secret information, and shall not use this part of the information or induce a third party to sort out Party A's trade secret by collecting public information.
Third, the confidentiality period.
Party A and Party B confirm that Party B's confidentiality obligation starts from the date when Party A seals it and Party B signs it, and ends when the above business secrets are made public or known to the public. Party B's confidentiality obligation shall not be exempted due to the dissolution of the Labor Contract.
Fourth, the liability for breach of contract
Party A and Party B agree that if Party B violates the above obligations and damages the interests of Party A, it shall be liable for breach of contract in the following ways:
1. If Party B fails to perform the confidentiality obligations agreed in this agreement, it shall pay a one-time liquidated damages of RMB _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
2. If Party B violates the contract stipulated in the preceding paragraph and causes losses to Party A, Party B shall be liable for compensation (if Party B has paid the liquidated damages, it shall be deducted). The specific compensation standards for losses are as follows:
(1) The amount of loss compensation is the actual economic loss suffered by Party A due to Party B's breach of contract, including the expenses invested by Party A for developing and cultivating relevant trade secrets, the reduced sales of Party A's products due to Party B's breach of contract, and the reduced profits obtained by relying on trade secrets.
(2) If it is difficult to calculate according to the calculation method in (1), the amount of compensation shall be the model confidentiality agreement of all profits obtained by Party B due to breach of contract.
(3) The reasonable expenses paid by Party A for investigating Party B's breach of contract shall be borne by Party B;
(4) Party B's breach of contract infringes on Party A's right to trade secrets. Party A may choose to require Party B to bear the liability for breach of contract according to Article of this Agreement, or may require Party B to bear the tort liability according to national laws and regulations.
3. If Party B seriously infringes Party A's business secrets and causes serious losses to Party A, Party A may, according to the relevant provisions of China laws, choose to transfer it to judicial organs to handle the model confidentiality agreement according to law.
The solution of verb (verb's abbreviation) dispute
Any dispute arising from the execution of this Agreement may be settled through negotiation by both parties or mediated by a third party recognized by both parties. If one party is unwilling to negotiate or mediate, or negotiation or mediation fails, either party has the right to bring a lawsuit. The court that brought the lawsuit is the _ _ _ _ _ _ _ _ court.
6. Any modification of this agreement must be agreed by both parties in writing. The modification or invalidity of part of this Agreement shall not affect the validity of other parts.
7. This agreement is made in duplicate, one for each party. This agreement shall come into effect as of the date of signature by both parties.
Eight. The place where this agreement is signed is _ _ _ _ _ _ _.
Nine. Both parties confirm that they have carefully read this confidentiality agreement before signing this agreement, and confirm that they have no objection to the understanding of the terms in this agreement.
Party A (seal): _ _ _ _ Party B (signature): _ _ _ _ _ _
Legal representative (signature): _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
202 1 model employee confidentiality agreement 5
Party A: _ _ _ _ _ _ (name of employer)
Party B: _ _ _ _ _ _ (name of employee)
Party B will come into contact with or master Party A's business secrets during his employment with Party A and for a period of time after his resignation. In order to safeguard the legitimate rights and interests of Party A and Party B, the following agreement is reached on relevant confidentiality matters:
1. Party A's business secrets refer to the technical information and business information that are not known to the public, can bring economic benefits to the obligee, and are practical and kept confidential by Party A ... including but not limited to: software design, procedures, operation, product scheme, product strategy, production method, customer list, supply and technical information, financial information, supplier and distributor information, and Party B's confidentiality responsibility according to the contract or laws.
2. During Party B's tenure, Party A shall provide all kinds of information, materials, equipment and software necessary for his work so as to give full play to his intelligence.
Three. Party A shall formulate corresponding confidentiality system, and stipulate the content, scope and confidentiality period of trade secrets for Party B to abide by.
Four. Party B agrees to take necessary and effective measures to protect the business secrets it knows or holds during the employment period. Except for the normal and reasonable use of the position, Party A shall not disclose, inform, deliver or transfer Party A's business secrets to a third party other than Party A (including Party A's affiliated enterprises) or use them for himself or a third party without Party A's written consent. ..
5. During Party A's employment, Party B promises not to keep, copy or disclose any business secret information privately, and not to take part-time jobs in other companies; Party B guarantees that it will not bring any information and materials that may infringe to Party A and use them without authorization, otherwise Party B will bear all legal and economic responsibilities arising therefrom. After leaving the company 1 year, Party B promises not to use Party A's business secrets to compete with Party A anywhere other than Party A; Party A shall pay Party B a confidentiality fee of RMB.
6. When Party B leaves his post, he shall immediately hand over all business secret materials, software and other articles held by Party A to the personnel designated by Party A, and go through relevant formalities.
Seven. Party A and Party B are willing to strictly implement this agreement. If either party breaches the contract, it shall pay the other party a penalty of RMB _ _ _ _ _ _ _ _. If it causes economic losses to the other party, it is willing to bear all the liability for compensation. In addition, if Party B breaches the contract, Party A may terminate its labor contract.
Eight. This agreement is an annex to the labor contract in duplicate, with each party holding one copy.
Party A: (signature or seal) _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party B: (signature or seal) _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
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