An employee shall automatically confidentiality to his employer. However, in an environment where employee mobility is important, “moral contract” are no longer reliable and should then give greater importance to legal contracts in good and due form. Such contracts or contractual clauses reinforce the legal protection of trade secrets and provide the company with a guarantee in case of trial. The contracts concluded between a company and its employees may contain several types of contractual clauses to protect confidential company information.

Mention the first mutual non-disclosure clauses, under which both parties agree not to disclose any confidential information covered by the contract. These clauses should be included in all types of contracts, whether regular employees, trainees, temporary staff, partners, customers or anyone else may have access to the secrets of company.

Another common clause is the non-compete clause that prevents employees from exercising a profession or hold a similar position among competitors or even to carry on business as an individual using information from the company.

The non-competition clause must include the obligation not to work illegally, not to compete with the employer, not to create a competing company and not to encourage colleagues to leave the company to accept a job competitor. These clauses are banned outright in some countries but in most cases, the restrictions must be reasonable in terms of duration and geographical scope.

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