Legislation on confidentiality in Singapore
Singapore legislation on confidentiality only applies in intellectual property cases and in medical actions. The Intellectual Property Law and the Personal Data Protection Act are the only regulatory frameworks specifying how confidentiality applies. All other cases are based on the common law, meaning the determination of breaching confidentiality clauses is based on previous court hearings which have created precedents or on a case-to-case basis. In order to protect themselves many companies in Singapore have started to include confidentiality clauses in their contracts or to prepare non-disclosure agreements.
If you want to open a company in Singapore you can request the services of our local specialists.
Confidentiality agreements in Singapore
The non-disclosure agreement is the most complex form companies in Singapore use to protect themselves against any information leak or breach of confidentiality. The confidentiality agreement is usually employed by the management of companies in Singapore in order to make sure their trade secrets and marketing practices are safe.
Together with the development of the research and development industry which is one of the most prolific in Singapore, many IT companies have started to introduce confidentiality clauses and agreements in their contracts with the employees. Non-disclosure agreements play an important role in the protection against the misusage of software by third parties. If you need assistance when concluding a contract, do not hesitate to get in touch with our specialists in company formation in Singapore.
As long as a firm has at least one Singapore-resident director, it can also have other foreign residents as managers. However, corporate directors are not allowed. It is possible to use nominee services when setting up a company in Singapore, which is one of the most requested solutions in the city-state.
The validity of confidential clauses in Singapore
Even if the Singapore legislation does not provide specific terms under which confidentiality clauses or agreements should be drawn up, there are several elements to be kept in mind when drafting such documents. Among these are:
- – the confidentiality agreement or clause should stipulate the exact information it refers to,
- – the confidential information should be defined,
- – the agreement should stipulate who has access to information,
- – the agreement should specify under which conditions the information could be released.
Confidentiality agreements are usually concluded for a limited period of time.
If you need help in drafting a confidentiality agreement you can contact our consultants who can also assist you if you intend to open a company in Singapore.