The main purpose of the confidentiality agreement is the confidentiality of information, data, patents, know-how or business documents. This agreement includes the identification of the parties, the indication of secret information, the deadline and the indication of the applicable law. The contract may also provide that secrecy applies only after the termination of the contractual relationship, as well as certain technical measures to enhance the protection of confidentiality. Similarly, confidentiality clauses are often added to comparison agreements established when a worker leaves a company that has been discriminated against by his employer or other mistreatment. The inclusion of a confidentiality clause is intended to prevent the terms of the transaction agreement from being known to all in order to avoid reputational damage and to prevent other employees from asserting rights (with or without remuneration) in the hope of obtaining financial compensation. The High Court case, Duchy Farm Kennels Limited -v- Steels, ended recently, where payments made under the transaction agreement to Mr. Steels were suspended because Duchy Farm Kennels believed that Mr. Steels had breached his confidentiality clause in the agreement and were therefore no longer required to continue making payments to him. The High Court did not consider the confidentiality clause to be a condition of the contract, as this was not explicitly the case. The main objective of the contract was to ensure that Mr.
Steels renounced his claims against the company. Under Italian law, the confidentiality agreement is a legal agreement by which the parties identify certain information that they intend to keep confidentially and agree not to pass it on to third parties. In violation of the confidentiality agreement, a sanction clause may be established under which the parties agree on the amount of the damage to be repaired without a requirement for proof. For example, the Italian Supreme Court has confirmed that the worker can be legally dismissed if he divtifies the company`s client lists without the company having to go through a trial or provide additional evidence of its infidelity.