Yes, Section 28 of the Contracts Act 1950 restricts the enforceability of non-compete clauses. However, the real concern often lies not in joining a competitor but in the handling of information brought from the previous company.
Breach of information security occurs when an employee unlawfully takes or misuses client information, resulting in violations of various laws, including:
Personal Data Protection Act 2010: This act regulates the collection, storage, processing, and use of personal data. It sets out various obligations for organizations to protect personal data and imposes penalties for unauthorized disclosure or misuse of such information.
Computer Crimes Act 1997: This act addresses computer-related offenses, including unauthorized access to computer material, unauthorized modification of computer material, and unauthorized disclosure of passwords or access codes. These provisions can be applicable in cases of stealing or unauthorized access to company information stored electronically.
Common Law Duty of Confidentiality: Irrespective of specific legislation, employees have a general common law duty to maintain the confidentiality of information obtained during the course of their employment. This duty typically extends even after the termination of the employment relationship.
Breach of information security can lead to legal consequences. Employers can take legal action against employees who engage in such activities, seeking remedies for breach of confidentiality and potential damages.
So you pandai-pandai je la don’t do anything stupid and leave a digital crime trail behind like bcc emails to your personal account, copying information to a personal drive or uploading data to personal cloud spaces.
Remember, a company can be relentless when it comes to protecting its interests, and it’s always better to err on the side of caution. Hell hath no fury like a company scorned. Especially the rich ones.
#DataProtection #Confidentiality #CareerTips #BebelBimbo
