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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Opinion on a contract term

Customer Question


If I were to add this term to an employment contract would it be enforceable should I choose pretty much any reason I felt encroached on our businesses unique way or running to bring suit?

You agrees to protect all "Confidential Information" and in consideration of this agreement to exchange the said information, the parties agree that disclosure by the Lead Provider to the Lead Recipient includes, but is not limited to:

Information which we believe to be confidential or personal such as but not limited to any procedures or processes or anything we consider to be secret or patentable or that we could consider unique...

Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,I would advise you to use the model form of non disclosure agreement published by the Patent Office, the model form is more comprehensive than your wording.See below:http://www.gla.ac.uk/media/media_288063_en.pdfYes, the agreement would be binding and enforceable in the courts. Hope this helps
Customer: replied 2 years ago.
Thanks for that but what if - for instance - I think they may have confided in a competitor how we charge for business or how our admin system works?
Expert:  UKSolicitorJA replied 2 years ago.
In that case you may remind them of their confidentiality obligations and the fact that they should not disclose your confidential information to anyone.
Sadly, you would need to prove that they were in breach of a confidentiality agreement with you and if you wish to claim damages from them, it is up to you to show what loss you suffered as a result of their breach.
All the best