Confidential Information

At Nash & Co. we understand how valuable commercially sensitive information is to your business. However, the law protecting such information does not always give the protection that client’s expect.  It is therefore important to understand what is protected as ‘confidential information’, how this protection can be extended and, if information is misused, how your rights can be enforced.

“A wide range of sensitive information – from your business processes, business plan, analytics, statistical information to client lists and financial information – may be protected as confidential information and there is often a significant risk to a business in that information becoming public knowledge. It is therefore important that stakeholders understand how valuable information can be protected.”
Jamie Carr, Head of Dispute Resolution Team

What experience does our team have?

Our team has substantial experience in advising business on what information may be protected at law and what practical steps can be taken to ensure that it is.

Non-disclosure agreements (“NDAs”) are often a secure way to ensure that certain information remains confidential between parties to a transaction or between employers and their employees. However, frequently NDAs are not practical or have not otherwise been agreed and businesses need to take other measures to show that information they wish to keep private is, in fact, protected at law. We can help with this.

How can we help you?

Where confidential information is disclosed, this can have a uniquely harmful effect on a business, and it is important to act quickly when it becomes apparent that information has been passed to third parties.

We can advise on the options available to you and suggest the best approach. Often, applying to court for an injunction, preventing a disclosing party from any further disclosure or preventing the recipient from acting on or retaining the information, is the most effective step. However, in circumstances where confidential information has already been disseminated, injunctive action may have little practical benefit, the damage already having been done. It is likely, in such cases, a business is entitled to seek financial compensation.

What next?

Should you feel commercially sensitive information has been put at risk, you wish to take action against a third party or even if you’d like advice on how best to keep this information confidential and protected, feel free to call Jamie Carr for an initial discussion. Jamie’s email address is [email protected] or you can call him on 01752 827014

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