Legal Issues of Employing Computer Personnel

Abstract

It is the purpose of this chapter to explain the common law and statutory rules which regulate the use, ownership and protection of computer material, with particular reference to the relationship of employer and employee. This will entail an investigation of the common law duties of fidelity and nondisclosure of confidential information imposed upon an employee; an examination of the ways in which the employer can protect his trade secrets and trade connections; and the statutory rules which regulate the ownership of intellectual property rights. Before attempting any of these things it is first important to identify the significant feature of the existence of an employer/employee relationship because this has a fundamental impact upon both the question as to who actually owns intellectual property and the issue over how such information can be protected. Thus, it is important to consider how the relationship arises in law, and to examine the crucial features of a contract of employment in the eyes of the law.