Labor Law & Intellectual Property
Employee Duty to Preserve Employer Secrets under Jordanian Law
This summary examines an employee’s obligation not to disclose confidential information learned through employment, outlining the legal bases and the disciplinary, civil and criminal consequences of disclosure. It also summarizes the practical criteria for identifying and proving commercial and industrial secrets and the legal protections available.
Crime and penalties
Labor Law & Intellectual Property
Updated: 26 March 2026
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This summary examines an employee’s obligation not to disclose confidential information learned through employment, outlining the legal bases and the disciplinary, civil and criminal consequences of disclosure. It also summarizes the practical criteria for identifying and proving commercial and industrial secrets and the legal protections available.
Key points
- Meaning and Characteristics of Professional Secrets
- Types of Secrets and Practical Criteria for Secrecy
- Legal Bases for the Employee’s Obligation to Preserve Secrets
Useful for: Useful for initial reading and identifying questions that may need legal review.
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Meaning and Characteristics of Professional Secrets
Jordanian law does not provide a single statutory definition of a professional secret; the legislature’s general wording permits adapting the concept to changing practical and technological circumstances. Practically, the obligation is passive (a duty to refrain from disclosure), normally survives termination of employment, and is accessory to the employment relationship because the secret is known only by virtue of the job.
Types of Secrets and Practical Criteria for Secrecy
Legislation differentiates between commercial and industrial secrets without a closed definition, but sets practical criteria: the information must be generally unknown, have commercial value because of its secrecy, and be subject to reasonable protective measures by its owner. In practice, an employer must demonstrate the secrecy and the safeguards (e.g., access restrictions or written instructions) to establish protection before courts or administrative bodies.
Legal Bases for the Employee’s Obligation to Preserve Secrets
There are multiple legal bases for the obligation: explicit provisions in the Labor Law and the Civil Code require preservation of employer secrets, and the duty may also be grounded in contractual clauses (non‑disclosure or non‑compete covenants). Disclosure may give rise to tort liability or claims under unfair competition law if the secret is exploited to harm the employer. Accordingly, remedies may be pursued under disciplinary, contractual, tort, or unfair competition frameworks depending on the facts.
Practical and Procedural Consequences of Disclosure
Disclosure can trigger disciplinary sanctions (including dismissal without notice in specified cases under the Labor Law), civil liability for damages where fault, damage and causation are established, and criminal liability when the act amounts to breach of trust or unlawful disclosure under penal provisions. Practically, employers must prove the secrecy and protective measures taken; disclosures about an employer’s criminal conduct or fraud may not constitute a breach if the employee acts to fulfil a legal duty or protect public interest. Also, post‑term non‑compete clauses must be limited in time, place and scope to protect legitimate employer interests without unduly restricting the worker’s livelihood.
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Notice: The information provided is an educational summary based on the original source linked on the article page. It does not constitute legal advice; verify applicable statutes, amendments and effective dates, consult the original texts, and seek guidance from a licensed lawyer before taking action.
Frequently asked questions
Meaning and Characteristics of Professional Secrets?
Jordanian law does not provide a single statutory definition of a professional secret; the legislature’s general wording permits adapting the concept to changing practical and technological circumstances. Practically, the obligation is passive (a duty to refrain from disclosure), normally survives termination of employment, and is accessory to the employment relationship because the secret is known only by virtue of the job.
Types of Secrets and Practical Criteria for Secrecy?
Legislation differentiates between commercial and industrial secrets without a closed definition, but sets practical criteria: the information must be generally unknown, have commercial value because of its secrecy, and be subject to reasonable protective measures by its owner. In practice, an employer must demonstrate the secrecy and the safeguards (e.g., access restrictions or written instructions) to establish protection before courts or administrative bodies.
Legal Bases for the Employee’s Obligation to Preserve Secrets?
There are multiple legal bases for the obligation: explicit provisions in the Labor Law and the Civil Code require preservation of employer secrets, and the duty may also be grounded in contractual clauses (non‑disclosure or non‑compete covenants). Disclosure may give rise to tort liability or claims under unfair competition law if the secret is exploited to harm the employer. Accordingly, remedies may be pursued under disciplinary, contractual, tort, or unfair competition frameworks depending on the facts.
Sources and references
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