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Obligation to Keep Secrets

Viimati uuendatud: 23.02.2017

A commercial secret is knowledge that the employer wants, with a justified reason, to keep secret, but which must be shared with the employee while working. The employer specifies what information related to their activities needs protection and informs the employee accordingly, listing the secrets either in the employment contract, rules of work organisation, or some other special document. Usually, the obligation to keep a secret is related to some work process, product development, price formation, salary policy or customer base. Not every detail related to an employment relationship can be declared a secret. For example, it cannot be demanded that the employee keep the size of their salary secret even from their family members.

After the end of the employment contract, the employee is still responsible for keeping the secret to an extent necessary to protect the employer’s rights. There is no need to pay the former employee any additional remuneration, but the secret-keeping obligation may not, differently from the competition restriction agreement, limit the choice of the employee’s new workplace or decrease their possibilities to get income.

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