Abstract

This article presents employer’s (corporate) duty of confidentiality provided for in Art. 100 § 2.4 of the Labour Code. The first part of the article attempts to define the scope of the “trade secret” with which the term “employer’s duty of confidentiality” is frequently identified. The definition is also of significance in view of employees’ duty of confidentiality under art. 100 § 2.5 of the Labour Code. Therefore, there is a need to indicate the relation between the above mentioned duties of confidentiality. Then, referring to the definitions referring to trade secret, the subjective and objective scope of employer’s duty of confidentiality and solutions for its protection have been presented. Also the problem of protection of employer’s confidential information in the context of the actions of employees who in public interest expose misconduct, dishonest or illegal activity of their employers (whistleblowers) and indicates other then presented in the article legally protected duties of confidentiality imposed on employees. The article ends with a synthetic conclusion outlining the essential characteristics of the presented duty of confidentiality.