Protecting confidential information: overview
A practice note that provides an overview of the legal framework for protecting confidential information under English law. The note examines how the duty of confidence arises from the equitable doctrine of confidence and contractual agreements, such as confidentiality agreements (also known as non-disclosure agreements (NDAs)). It explains the three core requirements for an action in breach of confidence, as established in Coco v A N Clark (Engineers) Ltd [1969] RPC 41. It also distinguishes general confidential information from trade secrets, as defined by the Trade Secrets (Enforcement, etc) Regulations 2018 (SI 2018/597), and clarifies the difference between breach of confidence and misuse of private information. The note outlines available remedies, including injunctions and damages, and discusses key provisions of NDAs. The note also considers the springboard doctrine, emerging challenges from artificial intelligence (AI) and practical steps for safeguarding sensitive data.
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