Protecting Trade Secrets & Confidential Data – A Growing Legal Battle

INTRODUCTION

As the relationship between employers and employees is becoming more and more complex, so is the nature of disputes between them. Amongst others, one such issue resulting into disputes relates to the issues concerning protection of employer's trade secrets and confidential information accessed or in possession of their employees. The recent lawsuit filed by Waymo against its competitor Uber in the United States in relation to theft of trade secrets demonstrates that such issues are being witnessed globally.

In the given circumstances, it is often witnessed that employee's appointment is subjected to execution of negative covenants (in the employment agreement) or a non-disclosure agreement. The purpose behind imposing such obligations (upon employees) is generally not meant to dissuade the competition but to protect such confidential information from being leaked to any third party or competitor, as it may be directly linked with the survival of the