Protecting Confidential Information and Business Interests: Express Confidentiality Clauses and Best Practice Tips

This month we continue to look at the subject of protecting confidential information, and business interests, through the operation of the employment contract, as well as summarising some of the other non- contractual day to day practises employers can operate to keep commercially sensitive and confidential information safe and secure.

Drafting confidentiality clauses/agreements

In our last article, focusing on the use of post termination restrictive covenants, we referred to the general implied duty of confidentiality on employees, and its limitations, particularly after the employment relationship ends.

There have been conflicting case authorities on the extent to which an express duty of