Section A – Confidentiality
This is well drafted save a few observations.
Under Clause 4, 5 and 6 I have highlighted a portion of each, where some sort of notice/approval is required or issued. It is necessary that such notice/approval be put in writing. In the highlighted sections it has not been stated that it be put in writing. Plus looking at other provisions within the contract, it can be presumed that the notices/approvals should be in writing. However, it is small oversights like this one that would result in a court case where the parties seek interpretation by court. To avoid these unnecessary costs, I suggest it be clearly stated that the notices/approvals be given in writing.
Section B – Personal Data
Adequately covers the handling of personal data and information in and out of the work place.
Section C – Creative Ownership
It is adequately drawn and goes to state that the one signing the NDA will waive all rights to any Intellectual property breakthrough achieved using the employer’s resources or while performing your employment duties.
Section D – Unfair Competition
Often a contentious issue because of the amount of time one is barred from engaging competitively against the employer. This particular section is quite fair as the time set is 12 months after employment has ended. Just keep in mind that any interruptions to the 12 months (i.e. if you engage competitively against the employer and the dispute is later resolved, the 12 months period will be extended to cover the time from when you engaged competitively to the time the issue is resolved.
Section E – Conflicts
This adequately addresses scenarios where conflict of interest arises or may arise.
Section F – Acknowledgements
The acknowledgements are well drafted.
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