The article discusses an employee’s general duty of confidentiality to an employer. Although there are some circumstances where there is an implied duty of confidentiality, it is better that the employer have a confidentiality agreement in place. One item the article recommends mentioning in a confidentiality agreement, is which information is not included in the definition of confidential information as it is in the public domain.
In particular, an employee’s social media or LinkedIn contacts may be included in information that the company deems confidential. This was considered acceptable in a UK case but has yet to be determined elsewhere. Employers should consult legal counsel when considering whether to include social media contacts in the definition of confidential information.
- In a NDA, it is important to clearly define what constitutes as confidential information, especially where it may interlap with the employee’s private property.
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