The Establishment Of Confidentiality Agreement For Trade Secrets

Confidentiality agreement on trade secrets

Party A: (enterprise)

Place of residence:

Legal representative:

Party B: (staff)

Address:

ID card No.

In view of the fact that Party B has worked in Party A, and has (or will be) aware of the trade secrets of Party A, Party B will contribute to the development of the enterprise during the period of service. Party A pays remuneration to Party B. In line with the principles of protecting the right of business secrets and the rights and interests enjoyed by the employees in accordance with the law, according to the relevant laws and regulations of China, the two parties shall enter into this confidentiality agreement on the principle of equality, voluntariness, fairness and honesty and abide by the principles of equality, voluntariness, fairness and honesty and trust.

Article 1: definition

The commercial secrets of Party A in this agreement refer to all the technical information and operational information of Party A, which is not known to the public, can bring economic benefits to Party A, and is practical and secured by Party A.

Second: the scope of trade secrets

The parties confirm that Party A's business secrets include, but are not limited to, the following information: test results and test records, process or production methods, technical parameters, process recipes, intermediate products or final product recipes, samples, data, customer lists, production and marketing strategies, supply information, tender information and tender information, non-public financial information and statistical information.

The third item: Party B recognizes that conservative business secrets are a serious problem related to the survival and development of enterprises. Therefore, it is willing to undertake the obligation of confidentiality for all the business secrets of enterprises. In addition to their duties and good intentions in fulfilling their obligations to the enterprises and the instructions of enterprises, and in the context of business needs, they should confidentially communicate with the employees of enterprises or enterprises that should know the above contents:

1. No business secrets that are irrelevant to the job or business.

2, shall not directly or indirectly leak to the unrelated personnel inside the enterprise;

3, shall not disclose to any third party who does not undertake the obligation of confidentiality;

4, it shall not be used for their own interests or planned to be used.

5, no party shall be allowed to engage in the act of Disposing Party A's business secrets, such as lending, giving, leasing or pferring, or to assist any third party who does not undertake the obligation of confidentiality.

6. It is not allowed to copy or disclose copies of documents or documents that contain business secrets at will.

7. The documents submitted by the business customers who are kept and contacted by the work shall be properly treated and shall not be used beyond the scope of the license.

8. If Party A's business secret is discovered by others or leaked out of its own business secrets, effective measures should be taken immediately to prevent further disclosure and timely report to Party A's business.

Fourth: secrecy period

Party A and Party B confirm that Party B's obligation of confidentiality begins with Party A's proper security measures and inform Party B of the business secrets mentioned in Article 1 of this agreement.

Party B shall remain in contact with and aware of the business secret information belonging to Party A or third party, but Party A has committed to confidentiality obligations when Party B leaves office, and shall bear the same obligation of confidentiality as he did during his term of office and no obligation to use the confidential information without permission.

Party B shall undertake the duration of confidentiality obligations after leaving office until Party A declassified declassified or confidential information has actually been made public.

The fifth item: all documents, materials (including photographs), charts, notes, reports, letters, faxes, tapes, disks, discs, instruments, recording (like) tapes and other forms of carrier which are recorded or kept by Party B for confidential information of Party A belong to Party A, regardless of whether the secret information has commercial value.

If the carrier for recording confidential information is provided by Party B, it is deemed that Party B has agreed to pfer the ownership of these carriers to Party A.

The sixth item: Party B shall return all the belongings belonging to Party A, including all carriers that record the secret information of party a when he leaves or when he requests.

The seventh item is: the term of Employment referred to in this agreement is marked by the entry into force of the labor contract or labor contract signed by Party B and Party A. and during the period of the performance of the labor contract or labor contract, the period of service during the term of office shall include the overtime time of Party B outside the normal working hours, regardless of whether the overtime work is in the working place of Party A.

The term of resignation referred to in this Agreement shall be based on the time when any party expressly dissolves or resign the employment relationship.

If Party B stops performing his duties, he shall be deemed to be leaving.

Eighth: liability for breach of contract

Party A and B agree:

(1) if Party B fails to comply with the provisions stipulated in article third of this Agreement

It shall bear the responsibility for breach of contract and pay lump sum of RMB yuan to Party A for one time.

(2) if Party B's breach of contract causes Party A to cause

Party B shall bear the liability for compensation (if the liquidated damages have been paid, it should be deducted).

(3) the compensation for damages described in the preceding paragraph shall be calculated in the following way:

(1) the amount of compensation for loss is the actual economic loss of Party A due to the breach of contract by Party B. The calculation method is that the sales volume of Party A decreases due to the breach of Party B's contract, and the total number of sales decreased by multiplying the profit per unit product profit.

2. If the loss of Party A is difficult to calculate in accordance with the calculation method described in Item 1, the amount of compensation for damages shall be the total profits obtained from Party B's products directly related to the breach of contract, or the reasonable amount of the royalty not less than Party A's trade secret as the amount of loss compensation.

Party A pays for the breach of Party B's investigation.

It should be included in the amount of compensation.

Ninth: solution to disputes

Disputes arising from the execution of this Agreement may be settled by negotiation between the two parties or jointly entrusted by the third party trusted by both parties.

Any party who is unable to negotiate or conciliation or is unwilling to negotiate or conciliation shall have the right to sue.

Tenth: this Agreement shall be effective after signature or seal by both parties.

Eleventh: the contents of this Agreement shall be inconsistent with the previous oral or written agreements between the two parties, subject to the content of this agreement.

Twelfth: this agreement is made in two copies. Each party holds one copy and has the same legal effect.

Party A: (signature) Party B: (signature)

Legal representative: (signature)

Year, month, month, day and month