Termination of employment for misuse of confidential information will require the employee to have received proper notification on what constituted confidential information and what was his permitted use of such information.It is important to distinguish between confidential information and information which is part of the skill and knowledge of the employee.
If you use assistive technology (such as a screen reader) and need a version of this document in a more accessible format, please email [email protected] It will help us if you say what assistive technology you use.Every business holds information it regards as commercially sensitive and confidential.In addition to relying on the protection of the legal provisions listed above, employers in the region are advised to put in place a system whereby confidential or commercially sensitive information is clearly identifiable; whereby employees are aware of their obligations; and whereby the organization has identified ways to manage the risk that confidential information might be leaked or stolen by an employee.Simply defining information as confidential will not make it confidential.Article 282 of the UAE Civil Code provides that an individual or entity will be responsible for any act by him causing harm to others and that such an act shall be compensated.
Such are the broad terms of this article that it could well extend to the negligent or careless disclosure of a third party's confidential information.
Access to confidential information will depend on the role of any employee and, for those who require daily access (for example research assistants or sales managers) it would be impractical to keep information under lock and key.
Practical precautions include (i) password protection of certain documents or databases; (ii) limiting employees' ability to access remotely the employer's computer system; (iii) marking or stamping certain documents as confidential; and (iv) circulating documents in sealed envelopes marked confidential.
When an employee is to leave his employment his interests will clearly no longer be aligned with his employer.
In order to limit potential damage, employees should be monitored for: (i) unusual absences or timings in the office; (ii) carrying out an unusual amount of photocopying; (iii) working on projects or maintaining regular contact with clients without the line manager's knowledge; (iv) emailing documents to personal email accounts; (v) using a memory card at work; and (vi) taking documents without authorization.
Employees will require access to this information in the course of their employment.