Why a strong confidentiality clause is essential for your business 📝

You have worked on your business for years and built a competitive edge. Then an employee sends business emails to his private email address. Innocent on the face of it, but what if he goes to the competition with that information? Fortunately, you have a confidentiality clause. But is it foolproof?

A recent ruling by the Zeeland-West Brabant District Court shows that a faulty clause can put an employer at a disadvantage. In this case, an employer wanted to fine an employee for forwarding e-mails. However, the court ruled that the clause only spoke of ‘third parties’ and did not include a private mailbox. The IT Policy also offered no salvation, as it did not explicitly refer to the confidentiality clause. Consequence: the employee went free.

How do you prevent this?

1. Clear wording - Explicitly define what is covered by confidentiality and prohibit storing, copying or forwarding information to the private e-mail address of employee or other third parties not authorised to receive it.
2. Consistent policy - Make the confidentiality clause and IT Policy consistent and refer to each other.
3. Sanctions and enforcement - Include and strictly enforce penalty provisions.
4. Regular review - Review and update the clause periodically.

Conclusion

A confidentiality clause is a living document that should grow with your business. Make sure you have clear rules, a consistent policy and effective enforcement to avoid legal problems.

Do you have questions about whether your clause is watertight? If so, please contact Dennis Oud, Elke Hofman-Bijvank or Tim van Riel.

You can read the ruling for yourself here