Can I, as a company, require my employees to keep information confidential?
May 19, 2024 | 80,00 EUR | answered by David Rüppel
Dear lawyer specializing in commercial law,
My name is Bernd Lange and I am the managing director of a medium-sized company. Lately, we have been dealing more and more with confidential information leaking to the public. For this reason, I am considering obligating my employees to maintain confidentiality.
Currently, we do not have specific regulations regarding confidentiality, which leads to leaks that jeopardize our competitive position. I am worried that sensitive information such as product developments or strategic plans could be leaked to competitors or the press.
Therefore, my question to you is: Can I, as a company, obligate my employees to confidentiality? What legal options do I have to ensure that confidential information is not disclosed unintentionally? Are there specific clauses that I can include in the employment contracts of my employees to obligate them to maintain confidentiality?
I would be very grateful if you could assist me in this matter and provide possible solutions. I want to protect my company from unwanted information leaks and ensure that our trade secrets are safeguarded.
Thank you in advance for your support.
Sincerely,
Bernd Lange
Dear Mr. Lange,
Thank you for your inquiry regarding the confidentiality obligation of your employees. As the managing director of a medium-sized company, it is understandable that you are concerned about protecting confidential information and ensuring that no unwanted information leaks occur.
In principle, it is possible to obligate employees to maintain confidentiality. This can be done through appropriate provisions in the employment contract or in a separate confidentiality agreement. It is important that the confidentiality obligation is clearly defined and that employees know exactly which information is confidential and how to handle it.
There are various legal measures that can be taken to ensure that confidential information is not inadvertently disclosed. In addition to the confidentiality clause in the employment contract, other measures can be implemented, such as introducing access restrictions to sensitive data, training employees on handling confidential information, or implementing IT security measures.
It is advisable to include individual confidentiality clauses in the employment contracts of your employees that are tailored to the specific circumstances of your company. These clauses should be clearly and unambiguously worded and regulate the duties and consequences in case of breaches of the confidentiality obligation.
It is also important to note that the confidentiality obligation is not unlimited. Employees generally have the right to disclose confidential information if they are legally obligated to do so or if it is in the public interest.
Overall, it is advisable to work with an experienced business law attorney to develop an individual solution for your company that ensures the protection of confidential information and also takes into account the rights of your employees.
I hope this information is helpful to you and I am available to answer any further questions you may have.
Best regards,
David Rüppel
