In this article, we will discuss the essential rules for employment contract confidentiality in UAE.
Learn what information is confidential, how employers can protect confidential information, and the remedies available in case of a breach.
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Table of Contents
Employment contract confidentiality.
Article 16 UAE labour law obligates the employee to maintain the confidentiality of the information and data they access through their work and not to disclose work secrets.
Also, he must return any confidential information to the employer upon the termination of their employment.
Employers can also include a duty of confidentiality in the employment contract and enter into a non-compete agreement with employees.
This prevents them from competing with the employer or gaining employment with a competitor if the employee knows the employer’s work secrets or details of the employer’s customers.
Confidential employment.
Any information or data and industrial or commercial secrets employees can access by their work are deemed confidential.
Employers can seek to protect any information material to their business, including work secrets and information regarding any third party that an employer conducts business with, including clients, vendors, and suppliers.
However, any information that the employee becomes aware of or gains access to outside their working hours and that has no relation to their work cannot be protected under a confidentiality clause.
How Employers Can Protect Confidential Information.
Employers can protect confidential information by including a confidentiality clause in the employment contract or asking employees to sign a separate confidentiality agreement.
The expression of the parties’ intention to enter into a contract can be verbal or in writing. However, it is recommended that a confidentiality clause be in writing for evidentiary purposes.
Employers can also ask employees to use their best endeavours to maintain the confidentiality of such information, including with respect to third parties.
It is advisable to include a provision to ensure that employees return confidential information once their employment ends.
Breach of confidentiality UAE law.
Employers can terminate an employee’s contract without notice if the employee discloses industrial or IP secrets, and the disclosure causes damages.
Or a loss of profit to the employer or if it brought a personal benefit to the employee.
Employers can also bring a civil suit against an employee for breach of confidentiality obligations arising from their employment contract.
Either during the employee’s employment or within one year of the termination of the contract.
There is no limitation period in the event of a trade secret disclosure.
FAQs about employment agreement confidentiality
Conclusion.
Employment contract confidentiality is a vital aspect of employment relationships in the UAE. Employers must understand their legal obligations and rights regarding confidentiality during and after employment.
They can protect confidential information by including a confidentiality clause in the employment contract or asking employees to sign a separate confidentiality agreement.
Employers can also take legal action in case of a breach. If you need legal advice regarding employment contracts, our labor lawyer in Dubai is the best for labour contract cases in the UAE.
Contact our labor law firm in UAE for expert help. Click the Whatsapp icon below.
Learn more about UAE employment contracts, review the limited and unlimited contracts in the UAE labour law and read about signing work contracts in Dubai.
Furthermore, learn about the Work contract data protection clause in UAE, and Reach employment contract legal advice in Dubai.
A legal consultant specializing in UAE labor law. He regularly publishes articles on the website and writes on various areas of UAE law, with a specific focus on labor law.
