Confidential Information, Trade Secrets and Non-Circumvention
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.
Information matters include: Privacy – Data Protection – Confidential Information – Reputation Management but they are each separate practice areas.
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 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.
Misuse of Confidential Information
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.
The law of trade secrets is based in 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 are a range of remedies that can be used to deal with the disclosure, use or/and theft of trade secrets.
Consequences of not using a confidentiality agreement