Landbouw & Veeteelt·Recht.nl·15 jul 2024

ECHR: business confidentiality v. freedom of expression

The case of Boronyák v. Hungary concerned a fine imposed by the domestic courts on the applicant, Mr. Boronyák, for disclosing confidential information concerning the terms of his contract with a private company. The importance of this judgment lies in the fact that the contractual relationship between the applicant and his contractor was not formally a relationship of employment. It is therefore interesting to consider whether the Court might extend its already established case law on the right to free speech in an employment context, to cases where the party invoking said protection is not engaged in a dependent employment contract.