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Restrictive covenants, confidentiality 3C

Restrictive covenants, confidentiality and intellectual property

It’s essential to protect the use of your business’ valuable information from employees once their employment has ended, and in some cases, during their employment. The best way to do this is with a restrictive covenant.

A restrictive covenant is a clause in a contract which prevents your employee from sharing or utilising your information to benefit your competitors.

Here’s what you need to know:

  • Important for a business to have restrictive covenants it can rely upon after employees have left
  • Can only be enforceable if they “protect a legitimate business aim” and is no wider than necessary otherwise will be deemed to be unlawful
  • Businesses often fall foul of poorly drafted restrictions
  • Fixed/capped fees for reviewing/preparing restrictions
  • Experienced advocates who can assist the business with enforcing restrictions

Our specialist team can help with drafting restrictive covenants and review existing contracts to ensure your information and intellectual property is legally protected. They’re also on hand to answer any questions and concerns you have regarding the inclusion of this clause in future employment contracts.

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