Confidentiality in the Workplace

March 14, 2008
Confidentiality in the Workplace

It is advisable for businesses to, at the time of entering into individual labor agreements, clearly specify that their employees agree not todivulge to any individual or company trade secrets, administrative processes, professional advice, production, sales, manufacturing,distribution or any other confidential information that such employees obtain in the course of their employment, the dissemination of whichcould cause harm to the company. In addition, such labor agreements should specify that a breach of the confidentiality provision by anemployee is a cause of termination under article 47 of the Federal Labor Law and subject to the penalties imposed by articles 210 and 211of the Mexican Federal Penal Code, or its correlative provisions of Mexico’s states. Such labor agreement provision should also state that abreach will cause the employee to be responsible for payment of civil damages according to articles 1910 and 1915 of the Federal CivilCode or its corresponding versions in the Mexican states, as well as the sanctions established in Mexico’s Federal Copyright Law (LeyFederal de Derechos de Autor).

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