S
stefanov1
Guest
Hi,
I'm the IT Director for the NJ US branch of an Italian corporation.
Few days ago the corporate office in Europe sent me a letter where they asked me to sign a contract that says the following :
1 - Immediately after receiving and signing the present undertaking, you are to hand in to our General Manager, in sealed envelope dated and signed by you, a list of all applicable first level passwords (Security Admin, System Admin, etc.) any subsequent modification of the said passwords will require that the said list to be immediately revised accordingly, the responsibility of such revision being fully and solely incumbent upon you.
2 - Your acknowledge that, save for the verifications stated in paragraph 3 and other particular circumstances that, at the discretion of the Company, may require or render advisable our access to the password, you will, at all times, be the only person who know the password contained in the sealed envelope and you will therefore be fully and solely responsible in this respect. You hereby advise the Company that you do not know of any unauthorized intrusion or access to any portion of the Company's network that has been previously reported to the Company's EDP managers.
3 - You take note that, at any moment and at the full discretion of our General Manager or of the EDP Manager of the Company, all the information system verification deemed necessary or appropriate, such as checking password, may be carried out. The procedure for such verifications will be determined freely by the Company.
4 - If and when the verifications mentioned in the paragraph 3 have been carried out, and/or once the particular circumstances mentioned in paragraph 2 have ceased, you shall modify all passwords and proceed according to paragraph 1
5 - You undertake to maintain secret and absolutely confidential all information, data, procedures and any other elements or facts that might come to your knowledge, in any manners, within the framework of your activity within the Company. You further covenant and agree to take all reasonable steps within the scope of your authority to avoid any act or omission likely to cause harm to any of the Company's documents, information or data, the Company's network or the company's network security procedures, and in addition, you will encourage your co-workers and other employees of the Company to take reasonable precautions to avoid compromise of any of the Company's documents, information or data, the Company's network or the Company's network security procedures. This commitment is binding both during the term of your employment and after expiry thereof, without any geographical or time limit.
6 - Within the framework of your commitments hereunder, your acknowledge and take note that the non-performance, incorrect or delayed execution of such commitments may cause considerable and irreparable pecuniary damage to the Group; you therefore assume specific responsibility in this respect. You further agree if you breach, of threaten to breach, your commitments hereunder the Company will have the right and remedy to have the provisions hereof specifically enforced by any court having jurisdiction, it being acknowledge by you that any such breach of threatened breach will cause irreparable injury to the Company. Such right and remedy shall be in addition to, and not in lieu of, any other rights or remedies available to the Company at law or in equity.
I would like to know if such request is acceptable and also if the point 5 and 6 can be consider 'Legal'
Thank you
I'm the IT Director for the NJ US branch of an Italian corporation.
Few days ago the corporate office in Europe sent me a letter where they asked me to sign a contract that says the following :
1 - Immediately after receiving and signing the present undertaking, you are to hand in to our General Manager, in sealed envelope dated and signed by you, a list of all applicable first level passwords (Security Admin, System Admin, etc.) any subsequent modification of the said passwords will require that the said list to be immediately revised accordingly, the responsibility of such revision being fully and solely incumbent upon you.
2 - Your acknowledge that, save for the verifications stated in paragraph 3 and other particular circumstances that, at the discretion of the Company, may require or render advisable our access to the password, you will, at all times, be the only person who know the password contained in the sealed envelope and you will therefore be fully and solely responsible in this respect. You hereby advise the Company that you do not know of any unauthorized intrusion or access to any portion of the Company's network that has been previously reported to the Company's EDP managers.
3 - You take note that, at any moment and at the full discretion of our General Manager or of the EDP Manager of the Company, all the information system verification deemed necessary or appropriate, such as checking password, may be carried out. The procedure for such verifications will be determined freely by the Company.
4 - If and when the verifications mentioned in the paragraph 3 have been carried out, and/or once the particular circumstances mentioned in paragraph 2 have ceased, you shall modify all passwords and proceed according to paragraph 1
5 - You undertake to maintain secret and absolutely confidential all information, data, procedures and any other elements or facts that might come to your knowledge, in any manners, within the framework of your activity within the Company. You further covenant and agree to take all reasonable steps within the scope of your authority to avoid any act or omission likely to cause harm to any of the Company's documents, information or data, the Company's network or the company's network security procedures, and in addition, you will encourage your co-workers and other employees of the Company to take reasonable precautions to avoid compromise of any of the Company's documents, information or data, the Company's network or the Company's network security procedures. This commitment is binding both during the term of your employment and after expiry thereof, without any geographical or time limit.
6 - Within the framework of your commitments hereunder, your acknowledge and take note that the non-performance, incorrect or delayed execution of such commitments may cause considerable and irreparable pecuniary damage to the Group; you therefore assume specific responsibility in this respect. You further agree if you breach, of threaten to breach, your commitments hereunder the Company will have the right and remedy to have the provisions hereof specifically enforced by any court having jurisdiction, it being acknowledge by you that any such breach of threatened breach will cause irreparable injury to the Company. Such right and remedy shall be in addition to, and not in lieu of, any other rights or remedies available to the Company at law or in equity.
I would like to know if such request is acceptable and also if the point 5 and 6 can be consider 'Legal'
Thank you