Business Ethics in Agency Relationship under Ohada Commercial Law: From the Perspective of Non-Competition and Confidentiality

The Uniform Act on General Commercial Law has provisions on some aspects of business ethics in the relationship of agent and principal. This article questions the extent to which the Act has regulated business ethics with focus on the agent’s duties of non-competition and confidentiality. With the objective to examine critically the provisions of the Act relating to the ethical conduct of the agent with respect to the mentioned duties, this article reveals that the duties are sparsely regulated and the Act is almost silent on the effects of their breach. Presently, solutions to certain problems relating to the duties of confidentiality and non-competition are found in national laws and case law of the members states. This is inimical to the harmonisation mission of OHADA. The article advises the OHADA lawmaker to amend the Act to address the deficiencies identified.