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Under the CFAA, both the former employee and the new employer can be sued if, either separately or together, they seek to gain a competitive advantage through unauthorized and improper use of, theft of or deletion of information from the former employer's computer system.
A confidentiality agreement should include a clear definition of the confidential information, scope of the agreement, obligations of the receiving party, the duration of the contract, any exceptions to confidentiality, and the consequences of a breach of the contract.
An employee confidentiality agreement, or non-disclosure agreement or an ?NDA,? makes it crystal clear to an employee that he or she cannot under any circumstance, with the exception of prior written approval, disclose company secrets.
Employees should be prohibited from downloading confidential information onto their personal phones, computers, or other devices, unless necessary to perform their duties. At separation, employees should be required to delete all copies of confidential information from their personal devices.
At the end of an employment relationship, your company should conduct an exit interview. At this meeting, the employee should be reminded of his or her continuing obligations to the company, including that to maintain the confidentiality of information beyond the termination of the employment period.