| Abstract [eng] |
The Labour Code was significantly changed regarding the protection of confidential information and those changes are not limited to the settlement of the confidentiality agreement, since the duty of confidentiality derives from the general duties of the employee, also, in the pre-contractual relationship, as well as there is established obligation to compensate any damages in full amount suffered by the employer as a result of violation of the obligation of confidentiality. Confidential information has broad and narrow meanings. The concept of confidential information in the broad meaning includes trade secrets. Trade secrets are an integral part of confidential information. The obligation to protect trade secrets derives from the law, but obligation to protect other confidential information arises when a confidentiality agreement is concluded. The employer has the right to seek a protection of important data other than trade secrets and may therefore initiate the conclusion of a confidentiality agreement. Legal regulation alone is not sufficient to ensure the protection of trade secrets, but the employer should take additional actions to protect them. The rights and obligations of the parties of the employment contract shall be specified by a confidentiality agreement under which the employee undertakes not to disclose and not to use the employer's confidential information for personal or business purposes. The obligation of confidentiality may include other obligations or prohibitions. The parties may agree on the application of sanctions in cases of breaches of confidentiality obligations. Infringement or improper performance of the obligation of confidentiality may lead to the termination of the employment relationship, providing the employer evaluates a breach of confidentiality as a serious breach of labour obligations and defines such termination as proportionate measure to the committed breach of confidentiality. The employee's obligation to pay the penalty can be determined by the agreement. The obligation of the employee to compensate damages suffered by the employer by violation of confidentiality is established by law. In the event of a breach of the duty of confidentiality, the employee shall be obliged to reward any and all damages suffered by the employer. |
