Challenges around remote work and trade secrets

Working from home offers many benefits, but it also creates new challenges for protecting confidential information. Data is no longer secured within office walls, and it can be easier for employees to access, copy or share sensitive files when they leave. These blurred lines mean people don’t always realize if are doing something wrong. This can put companies at risk of losing valuable trade secrets.

How remote workers might break the rules

Sometimes, remote workers violate confidentiality without even knowing it. Some everyday situations that could land you in hot water could include:

• Taking screenshots of proprietary software to use as a reference for future jobs
• Saving client lists to personal devices before leaving
• Using company templates or processes at a new workplace
• Sharing confidential information with new employers during interviews
• Keeping access to company systems after employment ends

These actions might seem innocent, but they can violate any non-disclosure or confidentiality agreements you signed when you started your job. Canadian courts take these violations seriously, especially when they involve actual trade secrets.

Protecting yourself when employment ends

Whether you quit or get fired, the end of employment creates risks for both you and your former employer in terms of protecting trade secrets. Here’s what to know:

For employers in Vancouver and other areas in British Columbia, clear offboarding procedures are essential. This includes:

1. Disabling access to all systems immediately
2. Collecting all company property
3. Reminding departing employees of their confidentiality obligations

For employees, protect yourself by:

1. Returning all company property promptly
2. Documenting what you’ve returned
3. Asking for written confirmation that you’ve met all obligations

While there is no formal registration process like with other intellectual property like patents, the Courts in British Columbia provide legal recourse for companies if a former employee violates their contractual obligations with respect to confidential information, or otherwise misuses valuable Company information they made efforts to keep secret.

Know your rights and obligations

Understanding the difference between general knowledge and company secrets or confidential information is crucial. Your skills and general industry knowledge belong to you; specific processes, client information and proprietary methods may belong to your employer.

Remote work offers amazing freedom, but it also creates new responsibilities around information security. By understanding your obligations, you can protect yourself and your future career opportunities when it’s time to move on.