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A Guide for Protecting Proprietary Information - VI. Post Contract Debriefing

Article Index
A Guide for Protecting Proprietary Information
II. Impact of Disclosure
III. Examples of Confidential Information
IV. Policies & Rules
IV. Policies & Rules (cont.)
V. Executing Non-Disclosure Agreements
VI. Post Contract Debriefing
VII. Compliance Auditing
All Pages


Execution of a non-disclosure agreement and the exchange of information is only part of the process.  An effective NDA confidentiality agreement obligates the receiving party to return the Company’s disclosed confidential information upon the termination of the relationship.

Once the business relationship comes to an end, the Company manager managing the transaction (or his designee) should ensure the return of all confidential information given to the third party.

Once the Company has asked for the return of its confidential information, Company should ask the party returning the information to sign a certificate confirming the return of all information.  See Annex A for an example.

Similar to agreements with third parties, the Company’s employment agreements should require staff to return sensitive information (along with other Company assets) once the staff member ends his relationship with the Company.  During the termination debriefing / exit interview process, a Company representative should remind the staff member when possible of the the staff member’s ongoing obligation to refrain from using or disclosing confidential information.  In order to acknowledge the staff member’s understanding and to help ensure full compliance,  the Company’s employment agreement might want to obligate the staff member to sign a certificate confirming the return of all sensitive information.  See Annex B as an example.

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