Summary
- Overriding confidentiality
- Hong Kong
- Takeaway for employers
Confidentiality clauses in employment contracts
typically aim to protect an employer's confidential
information, but there are limitations on the extent to which they
can restrict whistleblowing activities.
Workers who‘blow the whistle' on their
employersgenerally have the right not to be dismissed or otherwise
penalised as a result. Whistleblowing laws and policies are
therefore designed to encourage employees to come forward without
fear of retaliation.However, confidentiality or non-disclosure
agreements often act as deterrents from doing so.
Overriding confidentiality
Confidentiality clauses in employment contracts can restrict
employees from disclosing an employer's proprietary
information, trade secrets, and other confidential information both
during and after their employment. Employees who blow the whistle
on their employers for illegal or unethical activities
