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Employee Statement of Confidentiality

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EMPLOYEE STATEMENT OF CONFIDENTIALITY

This Employee Statement of Confidentiality (the Agreement) is entered into between the Employer named below and the undersigned Employee. Employee acknowledges and agrees to the terms below governing the protection of Confidential Information and Company Property.

IDENTIFICATION

Employee Name:     Employee ID:

PERSONAL INFORMATION

POSITION INFORMATION

Start Date:     Salary/Rate:

EMPLOYMENT HISTORY (MOST RECENT TWO)

Title:    From:    To:

Title:    From:    To:

EDUCATION

REFERENCES (PROFESSIONAL)

LEGAL DISCLOSURES

At-Will Employment: Nothing in this Statement alters the at-will nature of employment unless expressly set forth in a separate, written agreement signed by an authorized Company representative.

Equal Employment Opportunity: The Company provides equal employment opportunity and does not unlawfully discriminate on the basis of race, color, religion, sex, national origin, age, disability, or any other protected characteristic.

CONFIDENTIALITY TERMS

1. Definition of Confidential Information: Confidential Information means all non-public information disclosed to Employee or accessed by Employee in connection with employment, including but not limited to trade secrets, business plans, financial data, product designs, customer and supplier lists, pricing, software, source code, marketing strategies, technical specifications, research, personnel information, and any information designated as confidential by the Company.

2. Non-Disclosure and Non-Use: Employee shall not disclose, use, copy, reproduce, or permit access to Confidential Information except as required in the performance of Employee's duties for the Company. Employee will take reasonable measures to safeguard Confidential Information and ensure it is only accessible to authorized personnel.

3. Exclusions: Confidential Information does not include information that (a) is or becomes generally available to the public through no wrongful act of Employee, (b) was rightfully in Employee's possession prior to disclosure by the Company and without restriction, (c) is received without restriction from a third party rightfully possessing the information, or (d) is independently developed by Employee without use of the Company's Confidential Information.

4. Required Disclosure: If Employee is compelled by law to disclose Confidential Information, Employee will give prompt written notice to the Company where practicable and will cooperate in seeking an appropriate protective order or other remedy.

5. Return of Materials: All documents, media, and other materials containing Confidential Information, including copies, must be returned to the Company immediately upon request or upon termination of employment.

6. Ownership and Inventions: All work product, inventions, improvements, and developments made by Employee within the scope of employment or using Company resources are the exclusive property of the Company and must be assigned to the Company to the extent permitted by law.

7. Duration: The obligations of non-disclosure and non-use survive termination of employment for the period necessary to protect the Company's legitimate business interests, including trade secrets, and in any event for a minimum of five (5) years following separation, except where indefinite protection is permitted for trade secrets under applicable law.

8. Remedies: Employee acknowledges that a breach of this Agreement may cause irreparable harm for which monetary damages may be insufficient. The Company shall be entitled to seek injunctive relief, specific performance, and other equitable remedies, in addition to monetary damages and any other remedies available at law.

9. No Waiver: The failure of the Company to enforce any provision of this Agreement shall not constitute a waiver of that provision or any other provision.

ACKNOWLEDGMENTS, CONSENTS, AND AUTHORIZATIONS

By checking the boxes below and signing, Employee acknowledges understanding of the obligations set forth in this Statement and consents as indicated.

EMPLOYEE CERTIFICATION

I certify that the information I have provided on this form is true and complete to the best of my knowledge. I understand that knowingly providing false information or violating the terms of this Statement may result in disciplinary action up to and including termination of employment and may expose me to civil or criminal liability.

Employee Name:

Signature:

Date:

Enter text✕

What an Employee Statement of Confidentiality Is

An Employee Statement of Confidentiality is a written acknowledgment that an employee will protect an employer's confidential, proprietary, and trade secret information. It may be a standalone form or part of an employment agreement, and it typically defines covered information, permitted uses, duration, and remedies for breach. Employers use it to clarify expectations about data handling, client lists, technical information, and internal processes. When signed electronically, the statement can be enforceable under federal and state e-signature laws provided intent, consent, attribution, and retention requirements are met.

Why employers and employees rely on this document

A clear confidentiality statement protects business assets, reduces miscommunication, and documents consent to handling sensitive information.

Why employers and employees rely on this document

Who completes or signs this form

Common signers include the employee, hiring manager, and HR representative at the time of hire or role change.

  • HR managers and general counsel responsible for onboarding and policy enforcement.
  • New hires and transferred employees acknowledging access to confidential systems and records.
  • Contractors, consultants, and temporary staff granted access to proprietary information.

Copies are retained by HR and the employee; distribution and retention depend on company recordkeeping policies.

Core elements to include in a professional statement

A complete Employee Statement of Confidentiality should clearly define scope, duration, obligations, permitted disclosures, return of materials, and enforcement mechanisms.

Scope

Define the categories of confidential information covered, including trade secrets, customer data, financials, and proprietary processes, with examples to reduce ambiguity.

Duration

Specify the term of confidentiality during employment and after termination; include survivorship clauses for obligations that extend beyond employment.

Permitted Use

Describe lawful, role-related uses and list any authorized disclosures such as to counsel or for compliance purposes.

Return of Materials

Obligate the employee to return or destroy confidential materials and certify compliance upon termination or request.

Remedies

State employer remedies for breach, including injunctive relief, indemnification, and potential termination of employment.

Acknowledgment

Include a signed acknowledgment block where the employee confirms understanding, intent to comply, and consent to electronic records if applicable.

Step-by-step: how to complete the statement

Follow these four steps to prepare, sign, and store a compliant statement.

  • 01
    Prepare template: Customize scope, duration, and remedies to match job functions.
  • 02
    Review with employee: Discuss obligations and permitted disclosures before signature.
  • 03
    Sign the form: Employee and HR sign; capture signature date and authentication method.
  • 04
    Store record: Save signed copy in HR records with retention metadata.

Typical document flow for electronic completion

A streamlined eSignature workflow reduces delays and ensures an audit trail for each executed statement.

  • Upload template: Employer uploads the finalized form to the e-sign platform.
  • Assign signers: Add employee and HR contact, set signing order if needed.
  • Authenticate signer: Use email link, SMS code, or stronger verification as required.
  • Capture audit trail: Platform records timestamp, IP, and actions for evidentiary support.

Configuring an online workflow for this form

Suggested settings help reduce friction and meet legal requirements for electronic records.

Field Configuration
Signature Type Allow typed or drawn signature; require authentication method selection
Authentication Use email plus optional SMS code for moderate assurance
Retention Retain signed PDF and audit trail in secure storage
Routing Set automatic copy to HR and employee upon completion

Digital signing essentials and integrations

Choose a platform that supports secure storage, audit trails, and integrations with HR systems before e-signing.

  • Security: AES-256 at rest; TLS 1.2/1.3 in transit recommended
  • Integrations: Connectors to HRIS and document repositories such as Microsoft 365, Google Workspace, and NetSuite
  • Formats: PDF and DOCX support with downloadable audit trail

Common timing considerations

Plan signature timing around onboarding, role changes, and access grants to ensure obligations are documented before exposure.

At hire:

Provide and sign before granting system or client access.

Role change:

Issue an updated statement when duties materially change.

Contractor start:

Require signature prior to contract commencement.

Termination:

Remind departed employees of ongoing obligations upon exit.

Periodic review:

Review and re-acknowledge annually for sensitive roles.

Key milestones from drafting to archival

Use a simple milestone sequence to track completion and retention events for each executed statement.

01

Draft and Legal Review

Create form and obtain legal review for enforceability and scope.

02

HR Distribution

Deliver to employee with instructions and disclosures.

03

Execution

Capture electronic signature and authentication details.

04

Archive and Monitor

Store signed record and monitor compliance as needed.

Common preparation mistakes to avoid

  • Using vague confidentiality definitions that leave scope open to dispute and weaken enforceability.
  • Failing to obtain employee acknowledgment before granting access to confidential systems or client lists.
  • Relying on unsigned or informal notes instead of a dated, signed statement with retention metadata.
  • Not preserving an audit trail or signed PDF, which hampers evidence in disputes or enforcement actions.

Consequences of errors or breaches

Breach Liability: Potential civil damages and injunctions
Termination: Disciplinary action including dismissal
Trade Secret Loss: Irreversible commercial harm and lost competitive advantage
Regulatory Exposure: Fines if personal data was handled improperly
Contract Disputes: Costly litigation and defense expenses
Reputational Harm: Loss of client trust and business opportunities

Essential data elements to capture

Employee Name: Full legal name
Employer Entity: Legal business name
Effective Date: MM/DD/YYYY
Confidential Info: Defined categories
Duration: Term length
Authentication: Signature method and timestamp

Typical vendor pricing and compliance snapshot

Compare entry-level pricing and basic feature availability for common eSignature vendors; signNow is listed first per table conventions.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial Yes, 7-day free trial No No Yes, limited Yes, limited
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No envelope cap 100 envelopes/user/year Varies by plan Varies by plan Varies by plan

Frequently asked questions about the form and e-signature

Answers to common questions on enforceability, notarization, e-signing, storage, and revocation for Employee Statements of Confidentiality.


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