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The video discusses the importance of having a separate confidentiality agreement for employees and consultants, referred to as a Proprietary Information and Inventions Agreement. This agreement is crucial for companies at formation and must be signed by every employee and consultant involved. The speaker highlights challenges that arise if companies fail to manage this process, particularly during merger and acquisition discussions, where it's difficult to retrieve signatures from individuals who haven't signed previously. The necessity of this agreement is underscored, especially when individuals contribute to the invention of technology, as it can lead to significant legal issues if not properly documented.