Confidential Information, Trade Secrets and Non-CircumventionFGreat Studio
Our practice areas within Information Rights includes a businesses’ right to its confidential information. We also practice data protection; reputation management; and data base rights which are related rights.
Privacy refers to the right to be left alone. The right not to have unwarranted or unreasonable interference with one’s personal life. Although related, this is not the same thing as a persons’ right to control over confidential information (confidentiality/non-circumvention) and/or how data from which an individual can be identified is protected from use by others (data protection) and/or how a person or businesses reputation is protected from the use of false negative information (reputation management).
Privacy encapsulates the right to have secrets and/or discretion whether they be personal or in a business context as in the law protecting confidential information and trade secrets.
With misuse of confidential information, you can bring a case, for instance, the case of Wade v BBC. Related to the law of confidential information is non-circumvention in the business relationship to prevent a disclosing party from getting left out of a commercial opportunity.
The law of trade secrets is based on common law and protects commercial secrets. Although there is no statute that protects trade secrets the concept of a trade secret is well established in English law and there is a range of remedies that can be used to deal with the disclosure, use or/and theft of trade secrets.
The consequences of not using a confidentiality agreement are:
- There may be an adverse impact on your business, such as not being able to register a patent for a new product.
- You could be cut out of the deal or future deals
- Although confidentiality can be agreed orally or implied by conduct, with a written agreement you can prove what was agreed easier and with greater clarity. You’re much better off with a properly drafted written confidentiality agreement.
- A confidentiality agreement is one of the best ways to protect your company’s trade secrets as it gives you the right to sue for damages f the agreement is broken.
If you are entering into negotiations that would reveal information that would give the other party or any third parties an advantage over you then you need a professionally drafted confidentiality agreement.
In conclusion, we above all are a full-service information rights and intellectual property practice focused on digital media projects. For a consultation with us use our contact form or email firstname.lastname@example.org. Our sole principal Peter Adediran is a UK licensed lawyer, therefore focuses on UK and EU. Our consultant Richard Jefferson is a California licensed lawyer, therefore advises on US and Californian law.