Breach of Confidential Information Solicitors

If you or your business have been the victim of a confidentiality breach, it is vital to seek legal advice from a solicitor as soon as possible. JMW Solicitors can advise you on the next steps of your case and work to secure the best possible outcome. We recognise the reputational damage and business consequences that can arise from breaches of confidential communications or data, and we will treat your circumstances with the utmost care and diligence.

Cases involving a breach of confidentiality law have increased at a significant rate, partly due to the vast increase of data being stored electronically by businesses. Greater access to such information has increased the risk of it being misused, and introduced stricter responsibility for data controllers to not breach confidentiality and maintain data security.

Our team has a wealth of experience in providing legal advice on organisations' responsibility to keep information confidential under the Data Protection Act 2018, and protect access to information without a data subject's informed consent. Whatever the impact of a data breach on your business, JMW is here to uphold your legal rights and take legal action to protect your position.

For a confidential discussion about your situation, call our expert solicitors now on 0345 872 6666, or fill out our online enquiry form and we will be in touch at a time that is suitable for you.

How JMW Can Help

If confidential information is breached, it is important to act quickly and proactively to protect what is a valuable asset to your business. Protecting your confidential information is no different from stopping an intruder entering physical premises. The consequences of failing to act when confidential information is breached may cause much greater financial loss to your business than the initial breach.

JMW can offer a range of legal support if your business is the victim of a breach or potential breach of confidential information. The legal recourse options our experts can provide include:

• An emergency injunction to stop information from spreading
• Damages
• Delivery of confidential information that is wrongfully in possession of a third party
• An account of any profits made from unauthorised use of your confidential information

Our solicitors understand the sensitivity of these issues and offer tailored advice under legal professional privilege, to protect trade secrets, private information, confidential communications and data. We can stand by you at all stages of the process, from filing injunctions on your behalf to representation in court proceedings if you pursue legal action against the parties involved. Speak to our team today to find out more about how we can protect you and your business.

Meet Our Team of Data Protection Solicitors

JMW’s team provides expert advice and tailored strategies to address breaches of confidential information on behalf of corporate clients. Confidentiality breaches pose a real risk to organisations and individuals, but we will apply our thorough understanding of the legal basis of confidentiality agreements, non-disclosure agreements and sensitive trade secrets to protect your organisation and reputation.

Q

What is Confidential Information?

A

Confidential information can take a wide variety of forms, depending on the nature of the information and the business to which it relates. Common examples of confidential business information include:

• Customer, client or supplier lists
• Internal operational documents
• Designs, blueprints and drawings
• Business plans
• Financial information
• Online account contacts, such as connections on social media websites

In order for information to be classed as confidential, it must:

• Have the necessary quality of confidence.
• Not be public knowledge or easily accessible information.
• Have been shared in circumstances importing an obligation of confidence.

The need to preserve confidentiality can be direct or implicit. It may have arisen through an express contractual clause (for example, a non-disclosure agreement) or been implied through the nature of the relationship, such as in those between employer and employee, solicitor and client, or doctor and patient.

To establish a claim for misuse of confidential information, you must prove that information is confidential based on the framework above, and also that there was unauthorised use or disclosure of that information that caused a detriment to the party who disclosed it.

Q

How can confidential information be breached?

A

Confidential information can be breached intentionally or by accident, and through a range of channels, which makes it difficult for a business to protect against all eventualities. Some of the most common ways confidential information can be breached include:

• Employee misuse of confidential information. This includes employees accessing and selling customer lists to a competitor, or stealing data before departing the business.
• Confidential information disclosed during commercial negotiations. Unauthorised access of confidential information by a competitor who seeks to use that information for commercial benefit or to your business's detriment.
• Cybersecurity failures. External attacks, such as phishing, malware or ransomware, can expose sensitive company or customer information. Hackers often target systems that store financial records, intellectual property, or employee data.
• Misaddressed communications, where confidential documents or emails are sent to the wrong recipient by mistake.
• Loss or theft of physical documents or devices containing confidential data. If the data is unencrypted or not password-protected, this could present additional liability for inadvertent disclosure.
• Third-party disclosures. Businesses often share data with contractors, suppliers, or consultants, and breaches often occur when these third parties fail to handle the information in accordance with confidentiality agreements or data protection laws.

Contact the experienced confidential information solicitors at JMW today to learn more about how we can help you to recover and protect private information and data, and take action to stop confidential communications and documents from entering the public domain.

Q

What is misuse of confidential information?

A

In England and Wales, misuse of confidential information refers to the unauthorised use, disclosure, or exploitation of information that has the necessary quality of confidence and has been shared in circumstances implying an obligation of confidence.

Misuse may occur by sharing the information with third parties, using it for personal gain, or otherwise breaching the confidence placed in the recipient. Claims often overlap with other areas of law, such as:

• Breach of contract, when confidentiality clauses exist.
• Breach of confidence in employment, such as an employee taking client data to a competitor.
• Offences under the Data Protection Act 2018, if the information concerns personal data.

Misuse of confidential information is a common law offence and tackling it is a type of civil action. This means that there are no criminal penalties involved, but there are steps your organisation can take to protect its private information. These include seeking an injunction to prohibit further misuse, and seeking damages to account for the financial loss or reputational harm suffered by you or your organisation as a result of the breach.

Q

Who has a duty of confidentiality?

A

A duty of confidentiality arises when one party communicates information to another in circumstances that create an obligation not to disclose or misuse that information. This duty can originate from contract, equity, or professional relationships, and may be express or implied.

In corporate contexts, confidentiality is most commonly formalised through contractual clauses such as non-disclosure agreements or confidentiality provisions within wider commercial contracts, joint ventures, or employment agreements. These clauses specify:

• What information is considered confidential.
• The permitted purposes for using the information.
• The duration of the confidentiality obligation.
• Consequences of a breach, such as termination or damages.

Such express agreements provide clear parameters and remedies, making them a preferred tool in corporate transactions like mergers, acquisitions or partnerships. However, even in the absence of a written contract, an equitable duty of confidence may arise implicitly through the nature of the information or the relationship between the parties. It often applies in corporate relationships where sensitive information is shared during preliminary negotiations or due diligence processes, before formal contracts are signed. For example, a company that receives sensitive financial data during merger discussions owes a duty not to use that information outside the agreed purpose, even if no deal is finalised.

Some relationships also imply confidentiality. Legal advice privilege applies between solicitors and clients, including former clients. Information shared between doctors and patients, and employers and employees, is also subject to an implicit (or sometimes explicit) confidentiality requirement.

Q

How long does information remain confidential?

A

In England and Wales, information remains confidential for as long as it retains its “quality of confidence”, which means that for as long as it is not in the public domain and continues to have value or sensitivity that justifies protection, it meets the legal definition for confidentiality. There is no fixed statutory period, so the duration for which this applies depends on the nature of the information and the circumstances of disclosure.

If confidentiality is governed by contract, the duration should be determined by the agreement itself. It may specify a fixed period during which private information must remain confidential following disclosure or termination of the agreement, or demand an indefinite periods for particularly sensitive or proprietary information like trade secrets.

When an agreement is governed by contract, but the contract is silent on duration, the courts imply that the obligation endures for as long as the information remains confidential in substance. If you have questions about whether confidentiality rules apply to particular information or circumstances of disclosure, speak to the team at JMW today.

Q

What are my legal options if confidential information is misused?

A

When confidential information is breached or misused, it can cause significant financial and reputational harm to individuals and businesses. While this is not a criminal offence, the law empowers you to take appropriate measures to secure your data and recover your position.

JMW's legal services in these cases include seeking injunctions or court orders to stop further misuse, damages or account of profits to compensate for losses, and sometimes delivery up or destruction of confidential materials. JMW can advise you of your options following a detailed discussion of your circumstances, and build a legal strategy to deliver the best possible outcome.