Confidential Information

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.
 
Litigation

Confidential Information

Information Matters

 
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.
 

Trade Secrets

 
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

 

  • 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 in the event that 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 like – sales and marketing figures; formulas or recipes; drawings or technical designs; distributors and or investors; any other contact in the supply chain that is key to the deal – then you need a professionally drafted confidentiality agreement.
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    Related Practice Areas
    Data Protection Compliance
    Database disputes
    Reputation management

     
     
     

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