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B. The United Kingdom. 561. Trade SecretsIn the UK, an employer’s confidential and proprietary information will generally beprotected through express and implied terms of the employment contract. Even in theabsence of an express confidentiality clause, an employee will be subject to an impliedduty of confidentiality. As a result, during employment, an employee will be under anobligation not to use or disclose their employer’s confidential information. Afteremployment has ended, this implied term still serves to protect confidential information,but a narrower category of confidential information; essentially information with thesame degree of confidentiality as to amount to a trade secret. 57Generally, therefore, rather than merely relying on the implied term, employers will alsoinclude express confidentiality clauses. The purpose of these is to specify exactly whatinformation is regarded as confidential and which should be treated as such, which canassist evidentially in demonstrating information is protectable. Case law also suggeststhat an express clause may widen the categories of confidential information, which canbe protected post-employment. 58Additionally, employment contracts will frequently contain other provisions designed toassist protecting confidential/proprietary information.For example, an express56 By Bob Mercrate-Butcher (Bob.Mercrate-Burcher@crsblaw.com) of the ALFA London firm CharlesRussell Speechlys.57 Faccenda Chicken Ltd v Fowler [1986] IRLR 69.58 Lansing Linde Ltd v Kerr [1991] IRLR 80; Lancashire Fires Limited v SA Lyons [1997] IRLR 113; CrayValley Ltd v Deltech Europe Ltd [203] EWHC 728 (CH).3082723.3