Alba Navarro, the legal consultant of Gesem states that “although companies have not been completely unprotected up until now, they have had to use a fragmented legislation that is not always easy to implement. Now this matter is regulated in a specific law, in reality, the transposition of a European directive”.
For the first time ever this new regulation defines what might be considered to be a corporate secret, which is not, among other things, based on points such as the information must be worth something in business, which is therefore an advantage to whoever has it.
And this is where the majority of companies in Alicante go wrong, they still haven’t established protocols to protect their information, in particular, with regard to their employees, who are the main source of leaks “both voluntarily and involuntarily”, according to Alba Navarro. “The confidentiality clause is included in many employment contracts, but that just isn’t enough because the regulation stipulates that it must be clearly stated what information can be disclosed and what is actually part of the corporate secret. We recommend drawing up annexes in which these types of matters are established, so that they can then be used as a basis in court if any problems arise and also so that the employees themselves have it very clear. Many times they are not even aware that they must not disclose certain pieces of information”.