Similarly, there may be situations in which consultants or third parties should be asked to sign confidentiality agreements before working for or on behalf of the company. In Australia, privacy and loyalty titles (also known as confidentiality or confidentiality documents) are often used in Australia. These documents are generally used for the same purpose and contain provisions similar to other local provisions that are akin to undisclosed agreements (NOAs). However, these documents are treated legally as deeds and are therefore binding without consideration, unlike contracts. The spectre of being prosecuted for breaching the loyalty obligation or breach, in addition to dismissal, is sufficient to deter many potential whistleblowers from coming forward to report wrongdoing by employers. The courts have recognized that such actions, where in bad faith, may be the source of additional retaliation by a whistleblower, because a sensible worker who has the choice to avoid an employer`s counter-action (even if it is unfounded) and to assert a right to discrimination or retaliation (although valid) could choose the first. [43] In order to successfully invoke a retaliatory action based on an employer`s action against the worker, the informant must demonstrate that the employer`s remedy is entered in bad faith and that there is a causal link between the employer`s counter-action and the whistleblower`s protected activity or the original remedy. [44] Whistleblowers who have purchased and disseminated confidential documents may have difficulty complying with this standard, as it may be difficult to comply with this standard. , as reflected in some of the above cases, the use of written documents may provide the employer with the legal and material basis necessary for a counterclaim that is not denied. For example, in U.S. ex rel Head v.
Kane Co., discussed above, the court filed a complaint against the rapporteur by the former employer for the collection of documents and put them in government as part of the Disclosure of the Relater under the False Claims Act. The application of confidentiality agreements is similar to that of other contracts. As soon as both parties sign the agreement, its provisions bind them legally. If a breach of a confidentiality agreement is breached, the defaulting party may be threatened with financial loss and other legal penalties. In addition, confidentiality agreements generally contain enforcement clauses. For example, the agreement may contain a non-litigation clause, which means that the parties will not continue in the event of a breach of the terms of the contract. A trade secret is a kind of intellectual property that, because of its unavailability to the public, offers independent economic value to the owner. Conversely, the protection of most confidential agreements does not depend on economic value. The information it protects should only be kept secret so that it can be considered confidential information.