Law

Confidentiality-protecting trade secrets

June 28, 2020 Paul Brennan
Law
Confidentiality-protecting trade secrets
Show Notes Transcript

The Law of Confidentiality can protect your trade secrets.

Paul Brennan is the principal of Brennans Solicitors, a law firm located on the Sunshine Coast, Queensland, Australia, where he practices with his wife, Diane in the areas of business law, litigation, property and wills/estates.

Over the years, by working in various countries, he noticed how similar the law can be. He set out to explain the law in a simple and often humorous way.

He has written several books about law and lawyers.

Further details of his profile can be found on Linkedin.

Confidentiality-protecting trade secrets

If you are a paranoid uncommunicative boss, who can’t delegate, you may not have much of a business and your employees probably don’t like you, but you get full marks in the confidentiality stakes.  

Despite the proliferation of electronic listening devices, which could make spying on your competitors so much more fun, it is likely that your confidential business information will be taken by your employees.

To protect themselves, employers can put a confidentiality clause in employment agreements. Those employers who have not quite got round to confidentiality clauses will be relieved to know that the Law of Confidentiality imposes on employees an unwritten implied duty to keep things secret.  Not only whilst employed but also after leaving employment.  One of the most cost effective methods of protection is to ensure that your employees know of this implied duty.

To decide if information is confidential information, there are three questions:
• Was there a quality of confidentiality about the information?  

• Was it given in circumstances which suggest that it was confidential?  

• Was it used to the detriment of the giver?

Not everything labelled confidential will be treated as such by the courts.  The courts need to see some real loss, not just hurt pride.

Paul Brennan (c) 2010. All rights reserved.