(1) Subject to subsections (4) and (5) an individual who at any time is or was -

(a) a member of an Information and Consultation Forum,

(b) an employees' representative who is party to an information and consultation arrangement,

(c) an employee participant in an information and consultation arrangement, or

(d) an expert providing assistance,

shall not disclose to employees or to third parties any information which, in the legitimate interest of the undertaking, has been expressly provided to him or her by the undertaking in confidence.

(2) The duty of confidentiality imposed by subsection (1) shall continue to apply after the cessation of the employment of the individual concerned or the expiry of his or her term of office.