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obligation on termination requiring delivery up of all information and deletion from anypersonal computers, etc.Certain categories of confidential information may be additionally protected in the UKthrough intellectual property rights and/or in relation, for example, to customer lists,database rights.Where an employer suspects an employee/former employee of misusing its confidentialinformation/proprietary data frequently, evidence of breaches will be first obtainedthrough use of computer forensics. Once evidence has been obtained, this will usuallybe followed by lawyers’ letters, seeking full details of disclosure and use made andappropriate undertakings. In the absence of a satisfactory response, this will usually befollowed by initiation of legal action, seeking injunctive remedies and/or damages. Incertain circumstances, where there is evidence that an employee/former employee hasmis-used confidential information and, as a result, obtained an unfair head start it maybe possible to obtain a “springboard injunction” which may for example, prohibit theformer employee from dealing with customers contacted using a wrongly takencustomer list for a particular period.2. Restrictive Covenantsa. Basic Legal PositionThe starting position in the UK is that restrictive covenants are void on the basis ofbeing “in restraint of trade”; i.e. anti-competitive.Restrictive covenants withinemployment contracts will only be enforced by UK courts where an employer can3082723.3

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