“My employee signed a non-disclosure agreement (“NDA”) with my company, promising not to divulge my company’s confidential information to anyone. I recently found out that he has been sharing my customers’ list and other sensitive information to our competitor. How can I enforce the NDA against him?”
A fiduciary is someone who has undertaken to act for or on behalf of another (his principal). As such, a fiduciary owes an obligation of loyalty to the principal. Indeed, the principal relies on the fiduciary to act in his or her best interests, and is especially vulnerable to the fiduciary’s breach of duty. Thus, it has been observed that a fiduciary owes his or her principal the highest standard of duty known to the law. It is also well-established that a director of a company has a fiduciary relationship with the company.
Can an employer sue a former employee for the mere wrongful copying, abuse and exploitation of protected information, without also having to prove that the employee wrongfully used the information? This was the question before the Court of Appeal (“CA”) in I-Admin (Singapore) Pte Ltd v Hong Ying Ting and others  SGCA 32.