All businesses own confidential information which can range from trade secrets or know how to customer information and price lists. It is an asset and the law protects it from misuse.
At the outset of a commercial negotiation it makes sense to ensure the other party cannot walk away with confidential information. A non-disclosure agreement (NDA) can provide some certainty against that happening. However NDAs can have far reaching consequences and should not be signed without careful consideration.
Departing employees will almost certainly possess information about their ex employer’s business which they will usually have a legal obligation to keep confidential. If that information is disclosed or there is a risk of disclosure, action can be taken to prevent misuse.
There are now strict requirements imposed on business by the GDPR and Data Protection Act 2018 to keep personal information secure. This can mean criminal penalties in addition to civil liability for misuse of confidential information.
How to prevent misuse of confidential information
A key concern for clients is often whether they can prove mis-use. We are experienced in investigating unlawful conduct and turning up evidence of misuse of confidential information either in pre-action disclosure proceedings or during the full disclosure process.
How we can help you
Our experienced team can advise on:
- non-disclosure agreements
- employee breaches of confidentiality
- data protection and freedom of information
- preventing misuse of confidential information