Confidentiality clause addendum to an employment contract (Romania)

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The addendum by which an employee in Romania undertakes not to disclose information learned during the contract, while it lasts and after it ends (art. 26 of the Labour Code): what is confidential, how long the duty lasts after leaving, and what cannot be forbidden — public information and reports protected by law. A breach gives rise to damages.

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Common questions

What is a confidentiality clause in a Romanian employment contract?

The clause by which the employee undertakes not to pass on data and information learned during the contract, while it lasts and after it ends (art. 26 of the Labour Code). A breach makes the party at fault liable for damages for the loss proven.

Can a fixed penalty be set for breaching confidentiality?

It is not advisable. In employment relations the employee answers to the employer for the loss actually caused, and courts generally treat penalty clauses in employment contracts as invalid. That is why this addendum refers to the damages provided for in the Labour Code.

What information cannot a confidentiality clause cover?

Information that became public through no fault of the employee, and information the employee is required or entitled by law to give an authority — reporting a breach of the law, for instance, which Law no. 361/2022 on whistleblowers protects. A clause forbidding that has no effect.