E Co. consultants must not use, divulge or communicate to any person, firm or organisation (except in the proper course of your duties during your contract) any of the trade secrets or other confidential, technical or commercial information of the Company relating to the business, organisation, accounts, analysis or other affairs of the Company which you may have received or obtained or which has come to your knowledge while working for the Company. Confidential information includes:
Any information relating to the trading position, business, products, services, affairs and finances of the Company including (but not limited to) marketing information, lists of suppliers, agents, distributors, clients or customers and their needs and requirements and prospects lists.
Technical data and know-how relating to the business of the Company or any of its suppliers, agents, distributors, clients or customers including (but not limited to) product designs and specifications, drawings and plans, research and development, manufacturing processes, costs, margins, prices, business plans and forecasts.
Any document or item marked as confidential.
In particular, Consultants will not without the prior written consent of the Company, permit any confidential information:
To be disclosed, whether directly or indirectly, to any third party, except to those authorised by the Company to know or as required by law; or
To be copied or reproduced in any form or to be commercially exploited in any way; or
To be used for your own purposes or for any purposes other than those of the Company or to be used or published by any other person; or
To pass outside your control.
As an E Co. consultant, you agree that you will inform the Company immediately upon becoming aware, or suspecting, that a third party knows or has used any of the Company’s confidential information.
This restriction will continue to apply after the termination of your contract but will cease to apply to any information which may come into the public domain through disclosure by the Company.
All confidential information is the property of the Company and you agree to hand it and any copies over to the Company on the termination of your contract or, at the request of the Company, at any time during your contract.
The wrongful disclosure of confidential information or other breach of confidentiality is a disciplinary offence. Depending on the seriousness of the offence, it may amount to potential gross misconduct and could result in the termination of your contract.
Nothing in this clause shall prevent you from disclosing information which you are entitled to disclose under the Public Interest Disclosure Act 1998, provided always that the disclosure is made in accordance with the provisions of that Act.