With the advance of communications systems and social networks, the potential for causing harm in the workplace (intended or not) has risen exponentially. Equally, the need to secure confidential information, safeguard your staff, and protect the ‘online’ reputation of your business has never been more critical.
In a digital world, where ‘sharing’ is the norm, it may be tempting to conclude that the concept of confidential information is a thing of the past. In fact, there is still a lot that a business can do to protect its sensitive commercial information and proprietary rights, but only if the matter is given proper attention. Too often, a ‘cut & paste’ clause in an employment contract is deemed sufficient to address the issue of confidential information, with little consideration as to whether this really meets the needs of the business. Such a clause may offer little practical benefit, even as a deterrent effect.
Protecting confidential information is as much about the practical steps taken to safeguard that information as it is about the legal drafting. Investing the time to identify what business information is genuinely sensitive, and what action might be taken to restrict access to that information, or control its distribution, will vastly increase the effectiveness of a confidentially clause.
TJD Law can assist with:
- Drafting confidentiality provisions that are tailored to your business needs
- Providing practical guidance on the protection of confidential data
- Drafting communication policies and social media policies
- Support with the implementation and enforcement of such policies
- Advice on legal privilege and disclosure obligations
- Dealing with cases involving the misuse of IT or social media