Almost every business will generate business secrets of some description, perhaps in the form of customer lists, cash flow projections, business know-how or manufacturing know-how to more complicated information such as formulae, recipes, inventions, technical data and design. The information listed above is exactly the type of sensitive information that an Employer and business may wish to seek to protect.
An Employer hoping to rely upon a confidentiality clause to prevent release of/ use of its business secrets by another must ensure that their Employees are properly informed of their duties of confidentiality and notified of any changes to company policy regarding confidentiality. We advise Employers to restrict access where possible to confidential information and to clearly set out in writing the types of information that the Employer expects the Employee to regard as confidential.
Employers must be wary as there is a lower duty of confidentiality owed by a former Employee to their Employer then there is while the Employee is still employed by their Employer. This means that an Employer must seek to protect their interests as robustly as possible while the Employee is still in Employment.
DC Kaye & Co Solicitors provide advice to Employers on how to protect their business secrets effectively and can assist with enforcement of confidentiality clauses and/or a claim for damages against an Employee who acts in breach of such a clause.
To arrange an appointment to discuss with our specialist lawyers please contact the Employment Department secretary Viki Summers.
Telephone: 01494 862226