PRIVACY & Breach of Confidentiality
Our services include:
- Privacy & Confidentiality Agreements
- Non Circumvention Agreements
Our firm specialises in representing tech vendors and licensors; assisting entrepreneurs; and guiding digital start-ups on privacy policies for mobile apps and website projects. However privacy is not the same thing as data protection. Privacy is the right to be left alone. The right not to have unwarranted or unreasonable interference with ones personal life. Although related, this is not the same thing as a persons right to control over how data from which they can be identified is used by others, which is a data protection matter.
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. It is trite law that you can bring a case for misuse of confidential information as in the recent 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. There is also the law of trade secrets in common law which protects commercial secrets. Although there is no statute that protects trade secrets there are several the concept of a trade secret is well established in English law and there are a range of remedies that can be used to deal with the disclosure, use or/and theft of trade secrets.
Non Circumvention Agreements – How to avoid getting cut out of the deal and interpreting contracts?