What happens when a worker takes company data during their notice period?
04 Apr 2025
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Singapore's High Court recently ruled on a case involving an employee who downloaded thousands of company files before and after submitting his resignation. The case provides important guidance on confidentiality obligations during an employee's notice period and demonstrates how courts evaluate technical evidence in determining breaches of contractual and equitable duties.
Background
The employee worked as head of investor relations at a Singapore-based fund management company specializing in Japanese market investments from December 2019 to December 2021. His role primarily involved promoting the company's Hayate Japan Equity Long-Short Fund to prospective investors.
During his employment, he used both personal devices (MacBook and iPhone) alongside a company-issued Dell laptop. The employer stored confidential information on Google Drive, accessible to selected employees including him.
Contractual obligations
The employment contract contained specific confidentiality clauses requiring the employee to return all company materials upon termination, keep company information confidential both during and after employment, and not use company information for personal advantage.
Additionally, the employer had IT Security Guidelines prohibiting employees from forwarding and downloading company information to personal accounts and devices, though the employee claimed he was never...
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