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Confidentiality agreements, Non Disclosure Agreements, commonly known as NDAs, are of great importance in business-to-business relations, as can be seen in the following examples. Service providers (IT, maintenance of facilities and machinery, among others) often have access to confidential information of the company receiving such services (production processes, organisation and facilities, etc.). The same happens when an undertaking collaborates with another undertaking in the development of…
The confidentiality duty in the employment contract
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…
Trade Secrets
The business owner often has under his control commercial value information, which he protects by means of secrecy. Examples of such information are chemical formulas, manufacturing and organisational processes, product information or financial information. It is intellectual property in the broad sense, which has specific legal protection and no expiry date, but ceases to be protected when the information is disclosed or becomes public (e.g. when the controlling businessman decides to apply…