Practical steps to protect or obtain access to confidential information


Published by a ÀÏ˾»úÎçÒ¹¸£Àû Information Law expert
Practice notes

Practical steps to protect or obtain access to confidential information


Published by a ÀÏ˾»úÎçÒ¹¸£Àû Information Law expert

Practice notes
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This Practice Note supplements Practice Note: Trade secrets and confidential information—protection and enforcement, which identifies when confidentiality obligations arise and how these are typically dealt with in commercial contracts.

Often businesses refuse to disclose information on the basis that this would breach confidentiality obligations. This Practice Note looks at how confidential information can be protected and how those objections can be overcome.

Protection when creating information

Clear contractual drafting

It is important that confidentiality clauses are tightly drafted. For example, confidentiality clauses typically permit disclosures of confidential information where required by ‘applicable law’ or the rules of a ‘stock exchange’. If it is intended to allow disclosures permitted by ‘English’ law and/or the London Stock Exchange (as opposed to a foreign law or a foreign stock exchange) this should be made clear.

Apart from confidentiality clauses, the use and disclosure of confidential information can also be restricted by other clauses. In particular, these include data protection clauses (which often restrict the use that can be made of personal data) and intellectual property

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Confidential information definition
What does Confidential information mean?

Information provided to the council by a government department upon terms forbidding its public disclosure and information prohibited from public disclosure by statute or court order (section 100A(3) Local Government Act 1972).

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