EIRP Proceedings, Vol 13 (2018)

Abstract

Objectives Throughout the duration of the individual employment contract, both the employee andthe employer, comes into possession of data and information that is private. Prior Work This kind ofinformation that is confidential is practically divided from a legal nature perspective into three categories:confidential data under the loyalty obligation, data and information that are not disclosed due to the existenceof a confidentiality clause and those data and information that, according to the special law, are classified assecret service or state secret. At the same time, the employer is under the obligation to keep theconfidentiality of personal data and information that he she finds about his/her employees. Results the lengthof these periods in which parties have to maintain confidentiality is another issue that has given rise todisputes both in the literature and practice of the courts of justice. Value we think this article is an importantstep in the disclosure of the problem eraised by this two concepts.