Protection of the employer secrecy under a non-competition agreement Cover Image

Ochrona tajemnicy pracodawcy w ramach umowy o zakazie konkurencji
Protection of the employer secrecy under a non-competition agreement

Author(s): Krystyna Ziółkowska
Subject(s): Civil Law, Law on Economics
Published by: Krajowa Izba Radców Prawnych
Keywords: non-competition agreement, employer’s interests; best interests of the company; company (employer’s) secret; employee obligations

Summary/Abstract: A non-competition agreement can be an efficient form of protection of the employer against the risk of harm made by an employee. The contractual non-competition agreement may also constitute a specification of the principal employee obligations (Article 100 of the Polish Code of Civil Procedure). These obligations are: thorough and careful performance of work, taking care of the best interests of the company and maintaining the confidentiality of information the disclosure of which could cause damage to the employer. The non-competition agreement serves as a security measure for the employer, which makes it impossible for the employee, for fear of liability, to undertake activities contrary to the content of the agreement. Consequently, the conclusion of the non-competition agreement constitutes additional means of protection of the employer’s interests (apart from the one stipulated in Article 100 of the Polish Code of Civil Procedure).

  • Issue Year: 2020
  • Issue No: 1
  • Page Range: 91-114
  • Page Count: 24
  • Language: Polish