Declaration Of Confidentiality Form Template for United States

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Key Requirements PROMPT example:

Declaration Of Confidentiality Form

"I need a Declaration of Confidentiality Form for my tech startup's new software developers who will be starting in March 2025, with specific provisions for source code protection and remote work security protocols."

Document background
The Declaration of Confidentiality Form is essential for businesses and organizations operating in the United States that need to protect their confidential information. This document is commonly used when onboarding new employees, engaging contractors, or sharing sensitive information with third parties. It defines what constitutes confidential information, establishes the recipient's obligations, and outlines consequences for breach. The form must comply with federal legislation such as the Trade Secrets Protection Act and relevant state laws, making it a crucial tool for intellectual property protection and risk management.
Suggested Sections

1. Parties: Identification of the disclosing party and receiving party, including full legal names and addresses

2. Background: Brief context explaining the purpose of the confidentiality agreement and the relationship between parties

3. Definitions: Clear definitions of key terms, especially 'Confidential Information' and its scope

4. Scope of Confidentiality: Detailed obligations regarding use, protection, and non-disclosure of confidential information

5. Duration: Time period for which confidentiality obligations remain in effect

6. Return or Destruction: Requirements for returning or destroying confidential information upon request or termination

7. Remedies: Legal remedies available in case of breach, including injunctive relief

Optional Sections

1. Industry-Specific Compliance: Additional provisions for regulated industries such as healthcare (HIPAA), finance (GLBA), or education (FERPA)

2. International Data Transfer: Provisions for cross-border data handling and compliance with international regulations like GDPR

3. Subcontractor Provisions: Requirements and restrictions for sharing confidential information with third parties or subcontractors

4. Non-Solicitation: Restrictions on soliciting employees or customers, if relevant to the business relationship

Suggested Schedules

1. Schedule A - Description of Confidential Materials: Detailed inventory of specific confidential materials, documents, and information covered by the agreement

2. Schedule B - Authorized Representatives: List of individuals authorized to access, handle, and receive confidential information

3. Schedule C - Security Protocols: Specific security measures and protocols required for protecting confidential information

Authors

Alex Denne

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

Industries

Trade Secrets Protection Act (DTSA): Federal law that provides uniform federal protection for trade secrets and allows companies to file civil lawsuits in federal court for trade secret misappropriation

Economic Espionage Act: Federal law that criminalizes the theft or misappropriation of trade secrets with the intent to benefit foreign powers or cause economic harm

Computer Fraud and Abuse Act: Federal law that addresses unauthorized access to computers and computer networks, relevant for digital confidential information protection

Electronic Communications Privacy Act: Federal law governing the privacy of electronic communications, including confidential business communications

Uniform Trade Secrets Act: State-level legislation (adopted by most states with variations) that provides a legal framework for trade secret protection at the state level

HIPAA: Health Insurance Portability and Accountability Act - Federal law protecting confidential healthcare information

GLBA: Gramm-Leach-Bliley Act - Federal law protecting confidential financial information

FERPA: Family Educational Rights and Privacy Act - Federal law protecting confidential educational records

GDPR Compliance: While not US legislation, must be considered if dealing with EU residents' data in confidentiality agreements

National Labor Relations Act: Federal law protecting employees' rights, which may impact the scope and enforcement of confidentiality agreements

First Amendment Considerations: Constitutional protections that may limit the scope of confidentiality agreements, particularly regarding public interest matters

Whistleblower Protection Laws: Federal and state laws that protect individuals who report violations of law, which may override confidentiality obligations

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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