Confidential and Proprietary Information Policies: Key Drafting Tips

Summary

This practice note addresses best practices for drafting confidential and proprietary information policies. A confidentiality policy is necessary to protect the company against the divulgence or misuse of confidential and proprietary information. A well-written policy reminds employees that the company has devoted significant time and expense to develop confidential information, taken measures to protect the secrecy of the confidential information, and that the disclosure of this information would injure the company's competitive advantage. A confidentiality policy may protect the employer's confidential and proprietary information even after an employee's separation or termination from employment.