Confidentiality agreements have many of the same characteristics as a typical contract, but while all the essential elements are available to create legal obligations, some of them may still be unenforceable. There are many circumstances in which a court will refuse to apply a confidentiality agreement that would otherwise appear legally binding. The Court did not authorize the establishment of a mechanism “only for the outside eyes”, as proposed by the applicant , and ordered the disclosure of comparable licences. Nevertheless, the Court temporarily stayed this decision in order to allow the third parties concerned (counterparts A and B and Aware Inc. to cancel or amend it before comparable licences are disclosed . As in previous case law, the Tribunal also held that the information at issue would only be considered trade secrets if the applicant had taken appropriate steps to ensure his confidentiality, which, in the Tribunal`s view, should not contain excessively costly measures, but simple measures such as, but not limited, advising workers on the essentials of business secrecy. , and limiting access to it by using a “need to know” basis. With the duration of the agreement being only two years, the defendant was free to apply the above practices after the expiry of that period. Thus, the court decided that the applicant is not entitled to a high probability of success of his embezzlement. Courts may even accept (as in abc) to accept a lower likelihood in cases where the potential negative consequences of disclosure are particularly serious and cause direct, irreversible and significant harm, or where a short-term injunction is required to allow the court to properly hear and consider an application for an injunction to the point of process. This deviation from the higher threshold will be considered alarming by some, particularly on issues as serious as sexual harassment in the workplace, because it lowers the otherwise higher threshold set in paragraph 3 of Section 12, when the main purpose of its increase was to protect freedom of expression. Our labour lawyers at Boston-based Rodman Employment Law have represented countless clients in confidentiality agreements.