Confidentiality Agreement

If you are employed in a business establishment where you are being exposed to its trade secrets and other confidential matters while in the performance of your work, you will be bound to keep such trade secrets and confidential matters even in the absence of any confidentiality agreement between you and your employer.  This is because the employee is considered as the agent of the employer in all aspects pertaining to his or her assigned task. Furthermore, an employee is considered as the custodian of all trade secrets, tangible properties, as well as the intangible properties of the corporation.  As a matter of fact, a confidentiality agreement is not required to be executed between the employer and the employee before the latter will be bound by the agency principle under the law since in the absence of an express stipulation of any confidentiality agreement, an implied confidentiality agreement is definitely provided for by operation of law.  

Indeed, all matters that an employee may come to know about while in the employ of the employer are presumed to be matters in confidence.  Thus, they cannot be disclosed nor revealed without the prior consent or instruction of the employer.  If this is violated, the employee will be held liable for damages that the employer might sustained by reason of the unlawful disclosure.  Worst, in some states, the unlawful disclosure of valuable information in breach of the confidentiality agreement between the employee and the employer is considered a crime punishable by law.  If convicted of such crime, the employee in violation of the trust and confidence will not only be made to pay damages for the unlawful disclosure but might even be put to jail.   

To be sure, it is always advisable to keep the secrets of the business establishment where you work.  In this case, you will avoid being exposed to any criminal or civil liability. It’s always better to be safe than be sorry.