The confidentiality agreement signed by Mr. Cheok did not provide for a time limit. There is no requirement that the protection of confidential information be limited in time and it is possible that a party will respect the obligation of trust “forever”. A contrary view would mean that an ex-employee could use confidential information with impunity, as an ex-employee would only have to wait for the ban period to expire. Such a conclusion could not have been contemplated by any of the parties, as it would nullify the very purpose of a confidentiality clause in an employment contract. Section 28 of the Contracts Act provides that any clause that entertains trade is non-acute. Unfortunately, the Bundesgerichtshof refused to give concrete answers to the question of whether an agreement not to redistribute confidential information “during employment or at any time after” was annulled by Article 28 of the Trade Restriction Contracts Act. The Federal Court of Justice has followed the position in Australia that recognizes confidential obligations for an indefinite period. (This can be compared to the position of some U.S. states that confidentiality agreements are inappropriate and unenforceable without a certain duration.) Confidential information: any information disclosed by the party receiving it before or after the date of this agreement, which the disclosed party qualifies as confidential or which must remain confidential in the circumstances of disclosure and which includes, but does not limit, trade secrets, discoveries, ideas, concepts, know-how, techniques; Projects, specifications, drawings, diagrams, data, computer programs, business activities and operations, contracts, financial information (including projections), documents, resolutions, client lists, reports, studies and other technical and commercial information in paper, oral, digital, magnetic, photographic and/or any other format, including any information and/or other information that may be proven and made available orally or otherwise and which both parties may reasonably consider confidential, whether explicitly or implicitly considered confidential or confidential. In any event, any information expressly designated as confidential or labelled is considered confidential information within the meaning of this agreement. If confidential information is disclosed orally, it should be classified as confidential at disclosure, and parties should re-open it in writing within 15 days of such oral disclosure and label the document as confidential.

Since disclosure and receipt of oral information will be difficult to prove, it is common practice for all disclosed oral information to be reduced in writing by the party confirming confidentiality, within an agreed period of days after oral disclosure, so that it is considered confidential. (5) The date and duration of the agreement – in order to further protect the confidential information of the revealing party, They may also include a survival clause on confidentiality obligations, for example: The Court noted, however, that employers used a vague charge of breach of confidentiality to harm the competitiveness of ex-employees and cites Scott J in Balston Ltd/Headline Filters Ltd (1987) FRS 330: Confidentiality agreements can be unilateral or bilateral.