A confidentiality agreement generally includes terms such as confidential content, responsible subject, confidentiality period, confidentiality obligation and liability for breach of contract. Single confidentiality agreement, double confidentiality agreement and single confidentiality agreement refer to agreements signed with the other party with confidentiality obligations.
Confidentiality agreement content
1. form of confidentiality agreement: double-signed confidentiality agreement contract terms.
2. Make clear the subject of confidentiality agreement: confidential matters, contents and personnel.
3. Duration of confidentiality agreement: clearly stipulate the duration of confidentiality agreement.
4. Clarify dual rights and obligations: stipulate how to use trade secrets, the ownership of work involving trade secrets, and the way to save and destroy documents.
5. Carefully agree on the non-competition clause: the selective agreement of the non-competition clause requires a clear agreement on the term obligations and economic compensation standards.
6. Determination of dispute jurisdiction: The agreement needs to state that the determination of dispute jurisdiction should be based on performance, and the arbitration institution and the court should be selected.
Legal liability of confidentiality agreement
1. The crime of infringing business secrets is punished according to the provisions of the crime of violating confidentiality agreements in China.
the basis of law
Article 219 Whoever infringes on trade secrets, thus causing heavy losses to the rights of trade secrets, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not more than 37 years and fined:
(1) Obtaining the business secrets of the obligee by means of theft, inducement or coercion;
(2) disclosing, using or allowing the use of the means listed in the preceding paragraph to obtain the business secrets of the obligee;
(three) in violation of the agreement or the right to keep business secrets, requiring the disclosure, use or permission to use the business secrets in his possession.
2. The employer and the employee sign a confidentiality agreement, stipulating that the employee shall bear the obligation to keep relevant business secrets, intellectual property rights and non-competition. The employing unit shall pay the economic compensation monthly, and the laborer who violates the agreement shall pay the liquidated damages.
See the agreed secret room and so on.