By Claire Mansell - 13 Jun 2019
Employees are said to be a business's greatest asset, but
they can also be its biggest threat. With the rise of the digital
workplace, it's easier than ever for departing employees to steal
intellectual property and confidential information.
While it may be difficult to steal a box of merchandise from the
warehouse without being caught, it can be quite easy to download an
employer's confidential information from the work laptop from the
comfort of home. Most employees who engage in this type of
behaviour take documents or work which they have created and
consider it to be "theirs". In these employees' minds, they are not
taking the employer's property, but their own.
Businesses whose value lies in intangible assets such as
intellectual property or a customer base are particularly
vulnerable to a rogue employee misusing that information. For
instance, a software company could be in serious trouble if its
source code was taken to a competitor.
So, what can employers do to protect themselves? First, all
employment agreements should contain comprehensive intellectual
property and confidential information clauses. These clauses should
be pointed out to employees at the start of their employment.
However, a well drafted agreement means nothing if it is not
enforced when the time comes. If an employer becomes aware that an
employee or former employee has taken their intellectual property
or confidential information, they may apply to the Employment
Relations Authority for an order preventing the employee from using
that information. These types of orders are dealt with very quickly
and can provide immediate relief to an employer before it's too
late.
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