The defendant undertook in the employment agreement to be fully confidential regarding the plaintiff's information, and in particular information relating to the defendant's customer base, and not to make any use of it, not to contact the company's customers for 12 months from the date of termination of his employment, and not to compete with the company for 6 months from the date of termination of his employment.
- The right to freedom of occupation, which was enshrined in the Basic Law: Freedom of Occupation as a Basic Constitutional Right, was recognized many years earlier as a "supra-legal" right. In this regard, the words of Justice S.Z. Cheshin (as he was then called) in the High Court of Justice 1/49 Salomon Shlomo Bejarano, et al. Minister of Police, IsrSC 2 (1), 80-83: "It is a great rule that every person has a natural right to engage in work or occupation, which he chooses for himself, as long as engaging in work or occupation is not prohibited by law."
- As stated, with the enactment of the Basic Law: Freedom of Occupation and in conjunction with the Basic Law: Human Dignity and Liberty, this right was established as one of the basic rights of the state and legally protected by law.
- In 1999, the Commercial Torts Law was enacted. Section 5 of the law defines what a trade secret is:
"Trade Secret", "Secret" - business information of any kind, which is not in the public domain and which cannot be easily disclosed by others, the confidentiality of which gives its owner a business advantage over its competitors, provided that the owner takes reasonable measures to maintain its confidentiality;"
- Section 6 of the Commercial Torts Law prohibits the theft of a trade secret, which is defined as follows:
"Stealing a trade secret
(a) A person shall not steal another's trade secret.
(b) The theft of a trade secret is one of the following:
(1) Taking a trade secret without the consent of its owner by improper means, or using the secret by the taker, in this regard, does not matter if the secret is taken from the owner or from another person who knows the trade secret;