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Q: Contract of Employment - wording to prohibit blogging ( Answered,   0 Comments )
Question  
Subject: Contract of Employment - wording to prohibit blogging
Category: Business and Money > Employment
Asked by: funbobby-ga
List Price: $60.00
Posted: 05 Dec 2005 08:25 PST
Expires: 04 Jan 2006 08:25 PST
Question ID: 601657
I'm looking for some standard wording that could be inserted into a
Contract of Employment (UK law) to specifically prohibit employees or
contractors blogging about the company's activities.  We work in an
extremely sensitive industry where seemingly (to employees)
insignificant pieces of information can have significant impact if
divulged.

The net effect of the wording should be to hold the individual
personally responsible for the consequences of any loss of client, law
suit against the company, etc.  If the wording can be expanded to
include personal emails, telephone calls, etc as well I'll add a $10
bonus.

I've tried without success to find anything like this on the internet
through Google, so if someone wants to write something from scratch
that's fine.

Any questions please ask!  Many thanks.
Answer  
Subject: Re: Contract of Employment - wording to prohibit blogging
Answered By: tutuzdad-ga on 05 Dec 2005 18:12 PST
 
Dear funbobby-ga;

Thank you for allowing me an opportunity to answer your interesting
question. After reviewing several examples of contracts and agreements
I decided to modify the confidentiality clauses of these two to
include the necessary restrictions and definitions. I thought it best
to create amalgam of the two. You can read the original versions of
the employment contracts here. I think you will agree that a
combination of the two is seemingly in your best interest though you
may, of course, which to modify them further if you prefer to be more
or less restrictive accordingly.

INTERNET LEGAL RESEARCH GROUP
http://www.ilrg.com/forms/employmt.html

ONCLE
http://contracts.onecle.com/eloyalty/thomas.emp.2000.05.12.shtml
(This one was especially relative to your situation)

Keep in mind that we cannot provide legal advice or legal documents in
this forum but what I?ve managed to do in this case is to combine two
existing documents and incorporate the issues you mentioned that were
especially important. My necessary disclaimer here is that you might
consider running this past your company?s attorney or other qualified
person before implementing it.

My amended version includes and addresses the issues you required:

 . . . . . . 


CONFIDENTIALITY OF PROPRIETARY INFORMATION. 

Employee agrees, during or after the term of this employment, not to
reveal, disclose, convey or publish confidential information, trade
secrets or any details concerning the day-to-day operations of the
company, it?s representatives, associates, employees or clients to any
person, firm, corporation, or entity. Should Employee reveal,
disclose, convey or publish or threaten to reveal disclose, convey or
publish this information, the Company shall be entitled to an
injunction restraining the Employee from disclosing same, or from
rendering any services to any entity to whom said information has been
or is threatened to be disclosed, the right to secure an injunction is
not exclusive, and the Company may pursue any other remedies it has
against the Employee for a breach or threatened breach of this
condition, including the recovery of damages from the Employee and/or
immediate termination of the employee.


Furthermore, employee agrees, during or after the term of this
employment, not to disclose, convey, discuss or otherwise publish or
distribute any information concerning the day-to-day operations or
activities of the company or that or it?s representatives, associates,
employees or clients in any form or by any means, including, but not
limited to telephone, computer, or other electronic device without the
expressed consent of employer.

1. For purposes of this Agreement and "Confidential Information"
includes but is not limited specifically to:

a) any trade secrets or discovery, invention or improvement in
relation to goods and/or services made by the Employee alone or with
others and which directly or indirectly relates to the business of the
Company or any member of the Group;

b) information which arises out of any day-to-day operations,
activities or work performed by the Employee or any other Employee for
the Company or any member of the Group; and;

c) any other information or material concerning the business or
affairs of the Company or the Group including but not limited to
business strategies and plans, proposals, deliverables, prospects and
customer lists, methodologies, training materials and computer
software (including without limitation software products and related
documentation).

2. Confidential Information does not include information that already
exists in the public domain and is conveyed through impermissible
disclosure by the Employee.

3. Without prejudice to any other duty owed to the Company under which
the Employee must keep secret information received or obtained by the
Employee in confidence, the Employee will:

a) during the course of the Employment keep secret and not use for any
purposes, reveal, disclose or publish to any person  (other than as
required for performance of the Employee's duties under this
Agreement) any Confidential Information using any means whether
verbal, written via any method, including but not limited to
communication equipment, electronic media or device;

b) at all times after the effective date of termination of Employment
keep secret and not use for any purposes, reveal, disclose or publish
to any person any Confidential Information or any other information
concerning the business or affairs of the Company; and

c) do all such acts and things and take all such steps as the Company
may reasonably require to prevent the unauthorized use, publication or
disclosure of any Confidential Information by any other person.

4. The Employee will at all times promptly provide the Company with
such correspondence, documents, papers, computer hardware and
software, information and records as may be reasonably required by
Senior Management and all explanations (in writing if so requested) as
may be required in connection with matters relating to the Employment
hereunder or to the business or affairs of the Company or its clients.

5. Without prejudice the Employee will, at any time during employment,
whenever requested by Senior Management and in any event at the
effective date of termination, promptly deliver up to the Company all
correspondence and all other documents, papers, computer hardware and
software, information and records whatsoever containing Confidential
Information which are in the Employee's possession, custody or
control, including those which may have been prepared or published by
the Employee in the course of the Employment which are in the
Employee's possession, custody or control. The Employee may not retain
any copies thereof nor will Employee intentionally or negligently,
cause or enable any confidential information to be conveyed or
published in any form without the express consent of Employer.

6. For purposes of this Agreement the phrase and/or terms "reveal,
disclose, convey or publish", together and individually, includes, but
is not limited specifically to, the disemmination of information, oral
or written, via any form of media, telephonic, computer or internet
communication or other electronic device.

. . . . . . . 


I hope you find that my research exceeds your expectations. If you
have any questions about my research please post a clarification
request prior to rating the answer. Otherwise, I welcome your rating
and your final comments and I look forward to working with you again
in the near future. Thank you for bringing your question to us.

Best regards;
Tutuzdad ? Google Answers Researcher


OTHER INFORMATION SOURCES

I RESIGN
http://www.i-resign.com/uk/resignationkit/employment_contract.asp#restrictions
http://www.i-resign.com/uk/resignationkit/employment_contract.asp#confidentiality
http://www.i-resign.com/uk/resignationkit/employment_contract.asp#intellectual



SEARCH STRATEGY


SEARCH ENGINES USED:

Google ://www.google.com




SEARCH TERMS USED:

EMPLOYMENT CONTRACT

CONFIDENTIALITY

INFORMATION

PROPRIETARY

AGREEMENT 

DISCLOSURE

MEDIA

BLOGGING

INTERNET

MEDIA

RESTRICTIVE COVENANTS
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