Although no one can validly allege ignorance of the law, it is very convenient to include a clause in the employment contract that imposes the specific duty of confidentiality, what this duty implies for the worker, as well as the possible consequences of its infringement, so that in the future it will not be possible to invoke an error in the interpretation and scope of the duty of loyalty established in art. 5 of the Workers’ Statute.

Article 5. Labour duties.

Workers have the following basic duties:

  1. a) To comply with the specific obligations of their job, in accordance with the rules of good faith and diligence.

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  1. f) Those deriving, where applicable, from the respective employment contracts.

During the term of the employment contract, the employee is obliged to respect the confidentiality of any business secrets to which he/she may have access. Failure to comply with this obligation may lead to disciplinary dismissal in accordance with the provisions of article 54 Workers’ Statute.

Article 54.2: The following shall be considered breaches of contract:

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  1. d) The transgression of contractual good faith, as well as the abuse of trust in the performance of work.

However, once the employment relationship has ended, the duty of confidentiality persists indefinitely as long as the secret information to which he/she had access due to that relationship has not been disclosed due to events unrelated to the employee’s conduct. Infringement of this duty has the consequences set out in the Criminal Code, in the Unfair Competition Law and in the Law on Trade Secrets, with the criminal and civil courts having jurisdiction, as appropriate, but not the labour courts, since the employment relationship has been terminated.

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