Sentences with phrase «legitimate business interest»

Second, it should be considered whether it is within the innocent's party legitimate interests to impose that secondary obligation (i.e. the clause or secondary obligation serves and protects legitimate business interests).

Their own legitimate business interests in processing your personal data, in most cases to fulfil their contractual obligations to us

«I advise clients to carefully balance legitimate business interests that are at stake against the privacy interest of the employee,» Kaplan said.

Employers should perform this analysis to determine whether an employee's conduct or second job is tied to the employer's legitimate business interest before acting to prohibit moonlighting.

While unsubscribe / opt - out methods may continue to satisfy non-digital marketing performed under legitimate business interests, the right to unsubscribe / opt - out must also be highlighted during the first communication with the consumer, and should be clearly and separately stated.

Section 542.335 (1)(a), Florida Statutes, requires that «[t] he person seeking enforcement of a restrictive covenant shall plead and prove one or more legitimate business interests justifying the restrictive covenant.»

Recommendation 6: That the Government of Canada consider amending the PIPEDA in order to clarify the terms under which personal information can be used to satisfy legitimate business interests.

Now, one of the sometimes - legitimate reasons for firing an employee over their off - the - job behaviour is when the employee's behaviour stands to damage the company's legitimate business interests.

Utilising a form contractual provision irrespective of the level of employee provides a good argument that the provision is not reasonably necessary to protect the legitimate business interests of the employee.

To protect its legitimate business interests, the Florida corporation enters into a non-competition contract with its New York employee.

Restricting employees» use of social media completely is not practical (nor will it find favour with employment tribunals) but by adopting a common sense approach you can balance protecting your legitimate business interests against your employees» right to privacy.

For this reason, Judges have refused enforcement non-competes where they were not supported by a legitimate business interest, were overly broad, or where there is some other illegality that would render the non-compete enforceable.

In Egon Zehnder Ltd v Mary Caroline Tilman, the High Court upheld a restrictive covenant finding that it went no further than reasonably necessary in protecting the employer's legitimate business interests.

They interpreted implied consent in a broader perspective, looking at the entire situation, including the legitimate business interests of other creditors.

The SCC's decision provides guidance with respect to administrative suspensions in particular, in that any suspension that is not grounded in legitimate business interests and is not explicitly authorized by the employment contract will almost inevitably amount to constructive dismissal.

Courts must consider whether a reasonable person in the employee's circumstances would believe the employer to be acting in good faith to protect a legitimate business interest or whether that reasonable person would believe that the employer was expressing an intention to break free of the employment agreement.

As established by the Pennsylvania courts, protection of a legitimate business interest can justify a non-solicitation of employees agreement.

Consequently, courts and arbitrators continue in their struggle to balance the rights of employees against the legitimate business interests and obligations of employers.

The challenge for employers is that a basic employment law concept is that a restrictive covenant in an employment contract will be presumed by a court to be void and will only be enforced if the covenant is reasonably limited to protect the employer's legitimate business interests.

This is because in the vast majority of cases the court will find that a more limited non-solicitation would have sufficient to protect the employer's legitimate business interests.

It is an implied term of every employment relationship that the employee faithfully perform his or her duties, including refraining from behaviour that negatively impacts, or is likely to negatively impact, the employer's legitimate business interests.

In the United Kingdom, CNCs are called Restraint of Trade clauses and may be used only if the employer can prove a legitimate business interest to protect in entering the clause into the contract.

Employers will often seek to protect themselves with contractual provisions such as restrictive covenants, but these steps have only been partially successful and have often been viewed as window dressing, unlikely to be enforced by a court more often swayed by the freedom of the worker to exploit his experience; a restrictive covenant will be void except where, in essence, it operates no further than is necessary to protect a legitimate business interest.

Mere competition will not amount to a legitimate business interest.

The statute includes a core requirement that noncompete agreements must be «reasonably necessary to protect the legitimate business interest» of the party trying to enforce the agreement.

Accordingly, we have a data retention policy and run regular data routines to remove data that we no longer have a legitimate business interest in maintaining

Our main legal basis for the processing of personal data is our legitimate business interests, described in more detail below, although we will also rely on contract, legal obligation, and consent for specific uses of data

We understand our legal duty to retain accurate data that you are happy for us to retain and only retain personal data for as long as we need it for our legitimate business interests or to satisfy legal, accounting or reporting requirements.

All the facts in the case have to be looked at, and a plaintiff must be able to point to a specific policy (or policies) of the defendant that is causing the disparity, and even then the defendant can demonstrate that the challenged policy is necessary to achieve a legitimate business interest.