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Rajah Lehal

Inter-lapping Business Documents and Employees' Private Property

August 14, 2015

Links from this article:Read the article here.

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.

Read the article here.

Take away:

  • 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.
Confidential Information
Confidentiality Agreement

Written by Rajah. Rajah Lehal is Founder and CEO of Clausehound.com. Rajah is a legal technologist and technology lawyer who is, together with the Clausehound team, capturing and sharing lawyer expertise, building deal negotiation libraries, teaching negotiation in classrooms, and automating negotiation with software.