Confidential information is a cornerstone of modern business. It encompasses any information shared in confidence that is not publicly available - from client data and business plans to pricing models, contracts, and technological know-how. Protecting that information is vital to preserving competitive advantage, maintaining trust, and complying with legal and regulatory obligations.
The law of confidence exists to prevent unauthorised use or disclosure of information imparted in circumstances that impose a duty of confidentiality. It is particularly relevant in commercial partnerships, employment relationships, and negotiations involving sensitive data or proprietary systems.
Legal and Commercial Framework
In the UK, the protection of confidential information is primarily governed by common law principles of breach of confidence, which provide remedies where information disclosed in confidence is misused. Additional statutory and regulatory duties apply in specific contexts, such as under the UK GDPR, Companies Act 2006, and Financial Conduct Authority (FCA) regulations.
The courts assess three key elements when determining a breach of confidence:
- The information must have the necessary quality of confidence;
- It must have been disclosed in circumstances importing an obligation of confidence; and
- There must have been unauthorised use or disclosure resulting in detriment.
Typical Issues and Considerations
Disputes involving confidential information often arise from employee departures, commercial collaborations, or breakdowns in trust between contracting parties. The information at issue may include client lists, pricing structures, product formulas, or internal strategies.
Managing confidentiality effectively requires more than contractual protection - it depends on a culture of discretion, appropriate access controls, and clear procedures governing how sensitive information is stored, shared, and destroyed.
How We Can Help
Culbert Ellis advises companies, professionals, and entrepreneurs on protecting and managing confidential information through:
- Drafting and enforcing confidentiality agreements and non-disclosure clauses.
- Litigation and urgent injunctions in cases of misuse or threatened disclosure.
- Advising on confidentiality in employment and consultancy relationships.
- Corporate and transactional advice, including due diligence and data room confidentiality.
- Training and compliance guidance for staff handling sensitive or regulated information.
We combine commercial understanding with litigation expertise, helping clients strike the right balance between information sharing and protection; essential in today’s interconnected business environment.
Free Initial Discussion
If you require advice or representation regarding the protection or misuse of confidential information, contact us for a confidential discussion with one of our intellectual property specialists.
Confidential information is a cornerstone of modern business. It encompasses any information shared in confidence that is not publicly available - from client data and business plans to pricing models, contracts, and technological know-how. Protecting that information is vital to preserving competitive advantage, maintaining trust, and complying with legal and regulatory obligations.
The law of confidence exists to prevent unauthorised use or disclosure of information imparted in circumstances that impose a duty of confidentiality. It is particularly relevant in commercial partnerships, employment relationships, and negotiations involving sensitive data or proprietary systems.
Legal and Commercial Framework
In the UK, the protection of confidential information is primarily governed by common law principles of breach of confidence, which provide remedies where information disclosed in confidence is misused. Additional statutory and regulatory duties apply in specific contexts, such as under the UK GDPR, Companies Act 2006, and Financial Conduct Authority (FCA) regulations.
The courts assess three key elements when determining a breach of confidence:
- The information must have the necessary quality of confidence;
- It must have been disclosed in circumstances importing an obligation of confidence; and
- There must have been unauthorised use or disclosure resulting in detriment.
Typical Issues and Considerations
Disputes involving confidential information often arise from employee departures, commercial collaborations, or breakdowns in trust between contracting parties. The information at issue may include client lists, pricing structures, product formulas, or internal strategies.
Managing confidentiality effectively requires more than contractual protection - it depends on a culture of discretion, appropriate access controls, and clear procedures governing how sensitive information is stored, shared, and destroyed.
How We Can Help
Culbert Ellis advises companies, professionals, and entrepreneurs on protecting and managing confidential information through:
- Drafting and enforcing confidentiality agreements and non-disclosure clauses.
- Litigation and urgent injunctions in cases of misuse or threatened disclosure.
- Advising on confidentiality in employment and consultancy relationships.
- Corporate and transactional advice, including due diligence and data room confidentiality.
- Training and compliance guidance for staff handling sensitive or regulated information.
We combine commercial understanding with litigation expertise, helping clients strike the right balance between information sharing and protection; essential in today’s interconnected business environment.
Free Initial Discussion
If you require advice or representation regarding the protection or misuse of confidential information, contact us for a confidential discussion with one of our intellectual property specialists.
