How to prevail when technology fails - Flipbook - Page 35
Technology talent acquisition: A new way of working | 35
Information is even
harder to protect with a
remote workforce
Another risk of employees hired to work on sensitive
technology projects is that if they move to a rival
company, confidential information goes with them.
Confidentiality risks like this need to be especially
closely managed in jurisdictions and industries
where it is common for workers to use personal
devices or non-work systems to communicate.
Today, the risk is higher across the board
because of the shift to remote working caused
by the COVID-19 pandemic.
It is therefore essential to have enforceable
non-compete clauses and confidential
information protections in place when
employees are recruited to work on sensitive
technology projects. The shift away from
centralized workplaces has made these more
difficult to enforce because employees are now
more likely to be working from a jurisdiction that
is not covered in the clause. You must therefore be
more specific about where non-compete clauses
can be enforced and use language that ensures
enforceability in a number of jurisdictions.
“Non-competes are
getting more difficult and
expensive to enforce in
the U.S. and the move to
remote working will make
this even more difficult.”
Michael DeLarco | Partner, Hogan Lovells