Is everything confidential?

You have been an administrator of a company and want to start a professional activity in the same sector but independently. Therefore, you wonder what information that you had access to during your time in the company can be used and which one cannot...

Well, during the exercise of his position, the administrator of a company must not disclose confidential information to which he has access, as it is part of his duty of loyalty to the company. In this regard, please note that:

• The administrator has the obligation to keep the company's "confidential" information secret even after leaving the position. This means that he cannot disclose it or use it for his own benefit.
• Although the law does not provide a closed definition, "confidential" information is considered to be information obtained as a result of exercising the position of administrator when it is information that the company wants to keep confidential or protected from third parties or whose disclosure could cause it harm (for example, information related to technical, commercial, financial matters...).
• There is no specific legal deadline for this obligation of secrecy. Therefore, as long as the company has an interest in maintaining the confidential nature of the information, the obligation will remain enforceable for the administrator, even after leaving the position.

In the event that, both during his tenure and after his cessation, the administrator discloses or takes advantage of confidential information from the company, it may cause harm. For example:

• Loss of customers (if, in his case, a list is disclosed and a competitor captures them).
• Or the loss of business opportunities that the company has developed and that the administrator ends up taking advantage of.

In these cases, the company may demand from the administrator or former administrator compensation for the damages suffered, as well as - if applicable - the profit that has been missed.