Confidential information

Q&As

What is the position in relation to translated documents in the context of legal advice privilege?

What is the position in relation to translated documents in the context of legal advice privilege?Legal Professional PrivilegeThe core aim of...

1st Aug

Q&As

The limitation period for our client’s claim is due to expire shortly but I am concerned that it might not be possible to engage with the other side and/or issue the claim due to potential coronavirus (COVID-19) related issues (for example, relevant individuals being unwell or the court not operating as usual). How can we ensure that our client’s claim is preserved in these circumstances?

The limitation period for our client’s claim is due to expire shortly but I am concerned that it might not be possible to engage with the other side...

Produced in partnership with James Tunley of Lamb Chambers 1st Aug

COVID-19

Q&As

A non-disclosure agreement (NDA) relates to a merger of two companies. The person receiving the document must not share any information about the merger with anyone else without the permission of the trustees. There is no time limit, nor the section that relates to disclosing information for legal requirements, if it's already in the public domain etc. What would be needed to show that the NDA is unenforceable?

A non-disclosure agreement (NDA) relates to a merger of two companies. The person receiving the document must not share any information about the...

Produced in partnership with Tim Herbert of Ignition Law 31st Jul

Q&As

Do you have a tripartite NDA precedent?

Do you have a tripartite NDA precedent?The type of NDA/confidentiality agreement required will depend upon the circumstances of the particular...

31st Jul

Q&As

Do documents containing confidential information fall within the definition of 'goods' pursuant to the Torts (Interference of Goods) Act 1977 (T(IG)A 1977), such that the T(IG)A 1977 would apply in a case where a party refuses to return the confidential documents? Would this be the same for electronic documents? Alternatively, would there be a possible action in breach of confidence in this situation?

Do documents containing confidential information fall within the definition of 'goods' pursuant to the Torts (Interference of Goods) Act 1977 (T(IG)A...

Produced in partnership with Steven Murray of Harrison Clark Rickerbys 31st Jul

Q&As

If the name of a third party supplier is disclosed under a non-disclosure agreement (NDA), is it a breach of the NDA for the recipient to contract with the named supplier directly?

If the name of a third party supplier is disclosed under a non-disclosure agreement (NDA), is it a breach of the NDA for the recipient to contract...

31st Jul

Practice notes

Trade secrets and confidential information—protection and enforcement

Trade secrets and confidential information—protection and enforcementThis Practice Note sets out the protection available for trade secrets and...

Produced in partnership with William Smith of Bird & Bird LLP 31st Jul

In-house

Practice notes

Practical steps to protect or obtain access to confidential information

Practical steps to protect or obtain access to confidential informationThis Practice Note supplements Practice Note: Trade secrets and confidential...

31st Jul

Q&As

When negotiating an NDA with a potential business partner which operates via two trading entities, which entity should be a party to the NDA?

When negotiating an NDA with a potential business partner which operates via two trading entities, which entity should be a party to the NDA?This Q&A...

31st Jul

Q&As

Are there any cases which involve a breach of the equitable duty of confidence by a lender that is not a bank?

Are there any cases which involve a breach of the equitable duty of confidence by a lender that is not a bank?For general information on the equitable...

31st Jul

Q&As

Are recorded conversations between lay people legal and can they be used in legal proceedings?

Are recorded conversations between lay people legal and can they be used in legal proceedings?The law relating to the recording of conversations...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 31st Jul

Q&As

Can a company own the outputs (intellectual property) from pre-contract discussions?

Can a company own the outputs (intellectual property) from pre-contract discussions?In the UK, intellectual property (IP) rights arise either:•when...

31st Jul

Q&As

Is it a breach of confidentiality and/or a personal data breach (under the UK GDPR) if documents that have been disclosed to the other side (ie bank statements) during the disclosure process are then shown to a third party by the other side?

Is it a breach of confidentiality and/or a personal data breach (under the UK GDPR) if documents that have been disclosed to the other side (ie bank...

31st Jul

Q&As

Quantum, in an intellectual property claim, is often difficult to predict at the time a claim is being issued. What are the practical options for those seeking to issue a claim in the High Court?

Quantum, in an intellectual property claim, is often difficult to predict at the time a claim is being issued. What are the practical options for...

Produced in partnership with Daniel Byrne of AA Thornton 31st Jul

Q&As

Can a provider of industry accreditation certificates release the insurance details of its accredited installers to an installer’s customer where the contract between the installer and its customer is silent on the issue?

Can a provider of industry accreditation certificates release the insurance details of its accredited installers to an installer’s customer where the...

31st Jul

Q&As

Is it standard for a non-disclosure agreement to contain liability limitations (eg for loss of information and/or breach) and what arguments could be used to seek to remove any such provisions added by another party?

Is it standard for a non-disclosure agreement to contain liability limitations (eg for loss of information and/or breach) and what arguments could be...

31st Jul

Q&As

Is consideration required for a non-disclosure agreement?

Is consideration required for a non-disclosure agreement?Consideration is an essential ingredient for an enforceable legal contract.Consideration can...

31st Jul

Practice notes

Deepfakes

DeepfakesThis Practice Note considers the following legal issues, technical information and applications of deepfakes:•What is a deepfake?•How...

Produced in partnership with Kelsey Farish of DAC Beachcroft 31st Jul

Q&As

How do I protect confidential information in the workplace?

How do I protect confidential information in the workplace?What counts as confidential information? The legal definition of confidential information...

31st Jul

Q&As

In the context of confidentiality agreements, what constitutes an ‘indirect’ disclosure? Is it necessary to specifically use the word ‘indirect’ to capture all types of disclosure by the main disclosing party?

In the context of confidentiality agreements, what constitutes an ‘indirect’ disclosure? Is it necessary to specifically use the word ‘indirect’ to...

Produced in partnership with Michelle Last of Keystone law 31st Jul

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