Commentaries

Employment Memo


 SECTION 2  Confidential information and confidentiality 

2400
Confidential information and trade secrets obtained during employment (and as a result of it) may be protected against disclosure to a third party by the implied duty of fidelity or the express terms of the contract of employment. The degree of protection provided by the express term will depend on the type of information and the timing of the disclosure. Employees are free to impart or use trivial information in any way and at any time they please. Unauthorised disclosure of trade secrets is prohibited both during and after employment, while confidential information is only protected against disclosure during employment. Express contractual terms can restrict the disclosure of both confidential information and trade secrets during and after emplo...

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