释义 |
trade secret Some process or product belonging to a business, disclosure of which would harm the business’s interests. The courts will generally grant injunctions to prohibit any threatened disclosure of trade secrets by employees, former employees, and others to whom the secrets have been disclosed in confidence. There is a relationship of trust and confidence between employer and employee that may be destroyed if the employee discloses a trade secret, providing a reason for dismissal; such a dismissal may be fair if the procedure adopted complies with the necessary requirements (Lancashire Fires Limited v A Lyons & Co Limited [1997] IRLR 113 (CA); Attorney General v Guardian Newspapers (No 2) [1988] UKHL 6; Faccenda Chicken Ltd v Fowler [1986] 2 Ch 117 (CA); Herbert Morris Ltd v Saxelby [1916] 1 AC 688 (HL). The law in this area is governed by the Trade Secrets (Enforcement, etc.) Regulations 2018, which implemented EU Directive 2016/943 on trade secrets and confidentiality. See also restraint of trade; unfair dismissal. |