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Breach of Confidential Information
If you or your business has been the victim of a confidentiality breach, it is vital to seek legal advice from a solicitor as soon as possible. JMW Solicitors will advise you on the next steps of your case and we will treat your circumstances with the utmost care and diligence.
Cases involving breach of confidentiality law have increased at a significant rate, partly due to the vast increase of data being stored electronically by businesses. This can provide more frequent access to such information, therefore increasing the risk of it being misused.
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.
JMW can offer you a range of legal support if your business is the victim of a breach or potential bread of confidential information. The legal recourse options our experts can provide include:
- An emergency injunction to stop it
- 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
What is Confidential Information?
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
- The information is imparted in a way that imposes an obligation of confidence
- There has been unauthorised use of the information to the detriment of the business
- The information has a commercial value
How can confidential information be breached?
Confidential information can be breached in a variety of ways. This 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 - for example by accessing and selling customer lists to a competitor
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
Partner and Head of Department
Commercial Litigation/Corporate Recovery and Insolvency