These questions of Business law 1.what steps should an employer indertake to protect confidential information? 2.what is a...

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General Management

These questions of Business law
1.what steps should an employer indertake to protect confidentialinformation?
2.what is a periodic tenancy? what special problems come intoplay with periodic tenancies that are not present with termleases.
3.what is meant by an easement? why is sn easement called alesser interest in land?

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1ANSWER Though your business may not have secret recipes for cola drinks or fried chicken your business undoubtedly has some process or information that it believes gives it an advantage over its competitors This confidential information may take many forms such as a customer list that has been created through the years at considerable expense and effort a product design that a businesss competitors do not have or a pricing formula that generates greater profits Importantly if a business takes certain steps to keep this information confidential the law will help protect it from becoming public information and getting into the hands of competitors On the other hand if a business does not take the correct steps your competitors are free to gain access to your information and use that information to their advantage The steps an employer should undertake to protect confidential information are mentioned below The steps range from simple to more complex However from a legal perspective all of these steps are recognized as necessary in order to protect the confidentiality of your information 1 Proper labelling Under applicable laws if a company does not take sufficient steps to treat its own confidential information as confidential legal protection may be lost Labelling confidential information also serves as a practical disincentive for someone to abuse confidential information Labelling can appear on electronic and hard copy documents A label could be Confidential information and property of ABC Corp No part of these materials may be copied used or disclosed except with written permission of ABC Corp 2 Insert nondisclosure provisions in employment agreements It is a best practice that employees who have access to confidential information sign an employment contract which contains nondisclosure provisions If a company has confidential information which is particularly sensitive it should be clearly identified in the contract The employee should be obligated to return confidential information when employment terminates Although it can be very difficult to enforce noncompetition provisions in an employment contract confidentiality provisions are generally legally enforceable Although the law imposes certain obligations of confidentiality on employees confidentiality provisions in an employment contract make it abundantly clear that the employer is serious about confidentiality and therefore help prevent problems from a legal and practical perspective 3 Check out other agreements for confidentiality provisions As a matter of daytoday business companies enter into contracts with service providers including consultants and suppliers of IT services such as hosting and software implementation Many standard form contracts which are prepared by service providers do not contain any confidentiality provisions in favour of the customer or contain very weak provisions In these circumstances it is best to sign a separate confidentiality or nondisclosure agreement commonly known as an NDA with the service provider or beef up the confidentiality provisions in the service providers contract 4 Limit access A company with confidential information should be careful to limit access to confidential information to only those employees who have a need to know By doing so the company strengthens its legal position and also helps establish a practical roadblock Hard copies of documents should be kept locked and electronic copies should be password protected Computer access should be monitored The monitoring of suspicious activity may help in a legal claim against a departing See Answer

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