Case Summary

A former sales and account manager for Payone GBMH, was found to have unlawfully retained and disclosed confidential information after his employment ended.

The court ruled that despite the employee’s claim that the documents were in the public domain, confidentiality was not negated, and Payone was entitled to protection of its sensitive information.

Consequently, a final injunction was issued to restrain the former employee from further misuse of the documents.

Key points of the decision:

• Confidentiality: The court upheld that employees must not use or disclose confidential information obtained during employment.
• Injunctive Relief: The court can issue a final injunction to prevent further misuse of such information, even if it has been partially disclosed in legal proceedings.
• Employer's Rights: Employers have the right to protect their confidential information through legal means and ensure compliance with contractual obligations.

Implications of the ruling for employers: This ruling serves as a critical reminder for employers to rigorously protect their confidential information by making use of legal protections available to businesses, including confideniality clauses in employment clauses, and taking immediate legal action to protect their rights when these clauses have been breached through the existing legal avenues, keeping thorough records and evidence to  support their claims.