Trade Secrets

During the employment, an employee may neither utilize nor to a third party reveal trade secrets of the employer. If the employee has obtained such information unlawfully, e.g. by illegally gathering information from the employer’s secret files, the prohibition continues after termination of the employment relationship. Information regarding the employer’s finances, business relationships and data and software used in the company that has true significance to the employer’s business, are among others considered business and trade secrets.

It is the responsibility of the employee to be aware of what information is considered to be trade secrets according law. If necessary, the employee must ask the employer’s opinion if uncertain of the matter. Intentional revealing of trade secrets can also lead to criminal liability, if the revealer seeks to himself/herself benefit from the reveal or seeks to cause damage to the employer. In addition, the employee is liable for the damages he/she has caused to the employer.

Revealing a trade secret is a valid ground for terminating an employment relationship. It depends on the circumstances, if the employer must give the employee a warning or not. If the revealing has caused the employer irreparable damage, no warning is required. A severe breach of the prohibition to reveal trade secret usually leads to the cancellation of the employment relationship.