| Abstract [eng] |
Employee Confidential Information Protection and Non-Compete Obligations The present master‘s thesis analyses comprehensively an employee‘s obligations to protect confidential information and not to compete, by examining relevant legal acts, ideas and conclusions to be found in academic doctrine, as well as relevant interpretations established by case law. The paper presents the concept of loyalty in the context of employment relations, analyses the obligations related to loyalty to the employer, distinguishes the different types of confidential information, examines the concept of non-compete in labour law, assesses the peculiarities of resolving disputes arising from confidentiality (non-disclosure) and non-compete agreements. The subject is examined in detail by scrutinising various aspects of how protection of confidential information and non-compete obligations are regulated, by focusing on innovations and their practical application, by exploring potential issues, as well as determining the basis on which those obligations arise. In the course of the employment relationship and as they perform their duties, an employee may become privy to information of a confidential nature which constitutes a secret, yet often is valuable or may create added value. It is not uncommon for employees who become employed by competitors of a former employer or who make use of classified information or specialist knowledge that provides them with a competitive advantage, to create conditions for unfair competition. Against this background, employees are bound by obligations to protect confidential information and non-compete obligations in order to protect sensitive information and maintain fair competition between labor market participants. A detailed analysis of the chosen subject leads to the conclusion that, despite the fact that during the term of the employment contract the general obligations of the parties to the contract which presuppose loyalty apply in the employment relationship, individual agreements to ensure the protection of confidential information and non-competition, as well as provisions in special laws that oblige employees to protect confidential information and comply with fair competition practices are essential in real-life use. It appears that even in the absence of an agreement on the protection of confidential information or non-competition, an employee is required by special laws, such as the Legal Protection of Trade Secrets Act, the Competition Act, to protect trade secrets and to observe the rules of fair competition. |
