The extent to which the indecision is linked to the obligation of non-competition "A comparative study"

Abstract

The study aims to show the significance of the Confidentiality and Non-Competition agreements and the extent to which they are linked to, and different from, each other. The problem of the study lies in the entire absence of direct legal obligations to non-competition agreement in the Palestinian law. Therefore, researchers attempt to identify each concept, the Confidentiality and Non-Competition agreements in this research. Both researchers use the descriptive analytical approach to achieve the aim of the study. Researchers describe the extent to which the Confidentiality and Non-Competition agreements are linked. Through the descriptive stage, they analyze legal texts related to the subject of the study. The study concludes with a set of findings and recommandations, the most important of which are as follows: It was better for the Palestinian legislator not to restrict the Confidentiality agreement to commercial and industrial secrets, Because it can be in any business, even if it is not industrial or commercial. Disclosure of secrets by the employer after the termination of the contractual relationship is a tort, not a contractual responsibility. The study recommends that the Palestinian legislator stipulate an explicit penalty for breaching the employee's obligation to by divulging secrets, and impose-on employers, when stipulating non-competition, to grant the employer adequate compensation to prevent him from taking other jobs.

Keywords

• business secrets; non-competition; palestinian law; egyptian law