WarrantyPost-Contractual Confidentiality Obligation

Abstract

This study examines post-contractual confidentiality obligations, which represent a fundamental legal framework for protecting confidential information and the economic and intellectual interests of contracting parties. The research aims to analyze the concept of post-contractual confidentiality, distinguish it from obligations during the contract, and review the legal bases in Arab civil, commercial, and criminal laws.

The study also addresses the scope of confidentiality obligations, including the types of protected information (trade secrets, sensitive data, client information, operational plans, studies, and business models) and the duration of the obligation after the contract ends, whether determined by agreement, legal provisions, or indefinitely in the case of essential secrets.

Furthermore, the research examines direct and indirect breaches of confidentiality and their legal consequences, including contractual and tortious liability, civil compensation, penalty clauses, injunctions, and criminal sanctions. The study also highlights the role of Non-Disclosure Agreements (NDAs) as a practical tool to ensure compliance with confidentiality obligations after the termination of the contractual relationship.

In conclusion, the study provides recommendations to strengthen the protection of confidential information post-contractually, through clear contractual clauses, effective use

Protected information includes trade secrets, financial and technical data, customer information, operational plans, studies, and business models, with legally defined exceptions. The obligation of confidentiality extends according to the contractual or statutory term and can extend indefinitely for industrial secrets or material information whose disclosure could cause harm to the affected party..