Injunction granted to restrain ex-employees from using Linkedin contacts

[charitynjw]

http://www.twobirds.com/English/News..._contacts.Aspx

The issues of ownership and use of LinkedIn contacts have been widely debated, but little judicial guidance exists. In Whitmar Publications Limited v Gamage and Others([2013] EWHC 1881 Ch; Judgment 4 July 2013), the High Court has confirmed that LinkedIn contacts can constitute confidential information belonging to an employer to which it has granted injunctive relief.

The problems for an organisation attempting to assert ownership of LinkedIn contacts are well known. LinkedIn's terms and conditions say that ownership of the account is personal to the account holder. Many companies attempt to claim ownership of accounts that are opened by employees during the course of their employment..............

[bluebottle]

Re: Injunction granted to restrain ex-employees from using Linkedin contacts

I would think that each case would need to be judged on its individual circumstances. Allowing employers to have free rein would, IMHO, amount to restrictive practice.

[MDfrance]

Re: Injunction granted to restrain ex-employees from using Linkedin contacts

I have used linkedin and have found it a useful tool. However, I can't see how a firm managed to assert the right of ownership over an individual's account. The account is effectively a poster of an individuals CV and business field and a networking tool which can go beyond the parameters of the existing employment. The only loophole I can see for a employer to make a grab is if the employee claimed it on expenses giving the employer some right to ownership. It raises more questions, if you own a mobile phone or laptop that you use for work, does the employer got the right to seize those too?. After all they may contain data and contact details used specifically for the employers trade just like Linkedin.. It's just a thought no, assassination attempts please.