How do business owners maintain confidentiality
Nondisclosure agreement and confidentiality agreement in labor law
If an employment relationship is entered into, the future employee usually obtains Knowledge of sensitive information that affects the company itself as well as personal data of its customers.
These dates are partly subject to data protection, others have for the company in which he works, considerable value, after all, are for example Trade secrets worth real money. It is unthinkable that these would be passed on to competitors.
Because of this, some contain employment contracts Clauses that expressly oblige the employee to maintain confidentiality. By signing, he has to fulfill a so-called obligation of confidentiality or nondisclosure - this is what the law provides.
Compact knowledge: non-disclosure agreement
There is no binding formulation for the confidentiality agreement. Employers should, however, refrain from overly general clauses that restrict the employees too much, as these are usually not legal.
Here you can find out which criteria are used to define a secret.
Betrayal is a criminal offense that could result in a fine or imprisonment for up to three years. In addition, the employee must expect a contractual penalty, a warning and possibly even a termination.
Further information on the subject of confidentiality agreements:
How is a confidentiality obligation formulated?
The confidentiality agreement applicable to the employment relationship - also as "Non-disclosure agreement" (NDA) - is often part of the employment contract. It includes - especially in the context of legal activities - the following formulations:
- "It was explained to me that the confidentiality relates to all operational matters that come to my knowledge in the course of my work."
- “The non-disclosure agreement also includes other employees. You should also keep silent about them. "
- "The present confidentiality agreement will continue to exist even after the employment relationship has ended."
This confidentiality declaration must be acknowledged by both sides with the respective signature.
If you are presented with a non-disclosure agreement as part of a training contract, pay close attention to the wording. Not all are legal. Have in court there are no clauses that are too comprehensive and too restrictive for the employee.
What information are trade and business secrets?
In order not to risk a contractual penalty - not even after the termination of the employment relationship - employees should be aware of what a trade or trade secret is while working.
The following rule of thumb applies: such information must be kept secret, that are not available to everyone, about which few people know and the Explicitly protecting employers or. not make them known to the public in a legally and economically justified manner want.
Specifically, these are, for example, the following facts and data:
- Customer lists
- Sales figures
- technical know-how such as patent applications
- Company creditworthiness
- Production process
How high can the contractual penalty be in the event of an infringement?
If the duty of confidentiality is disregarded by the employee by disclosing company or business secrets to third parties, He can expect substantial contractual penaltieswhich are usually written down in the contract itself. This includes:
- termination without notice (in cases of hardship)
- hefty fines (damages, contractual penalties)
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