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Breaching Confidentiality Provisions – Compromise Agreements

September 18th, 2009 · 3 Comments · Breach of Confidential Information, Choosing an Independent Legal Advisor to provide Advice on the Terms of your Compromise Agreement, Compromise Agreements, Confidentiality Provisions in a Compromise Agreements, Keeping the Terms of your Compromise Agreement Confidential

We discussed the fact that both an employee as well as an employer have to mantain confidentiality with regards to the confidentialty provisions in a compromise agreement. We are now going to look at what could happen if such provisions are breached by either party. In summary:

  1. The party claiming breach would need to have proof of the breach. This is what its referred to as evidence.
  2. Once proof is obtained/secured, then a letter before action should be sent to the party in breach.
  3. If at the end of the requisite period given to the party in breach to respond (usually7 – 21 days), there is no resolution, the next stage is to bring proceedings in the court for breach of confidential information.
  4. The aggrieved party has to make an assessment of damages.
  5. Always ensuring that you obtain sound legal advice.


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