This Practice Note should be read in conjunction with Practice Notes: Privacy law—misuse of private information and Privacy law—remedies. Guidance For guidance on the...
UPDATE: On 21 July 2019, following its consultation on ‘Confidentiality clauses: measures to prevent misuse in situations of workplace harassment or discrimination’, the...
While there are other remedies available to claimants in breach of confidence cases, an injunction preventing publication of the relevant information is often the only...
This Practice Note considers the general principles of recovering damages for contractual breach, starting with the compensatory function of damages and the different...
This Practice Note considers what damages may be available as remedy for claims in tort, including negligence claims. For general guidance on damages, see Practice Note:...
The General Data Protection Regulation, Regulation (EU) 2016/679 (the GDPR), includes a right to data portability. This right allows individuals to obtain from a...
The General Data Protection Regulation, Regulation (EU) 2016/679 (the GDPR) contains a set of core data protection principles that controllers must comply with. These are...
An order for delivery up is type of a mandatory injunction which can be used to compel the return of documents or other items wrongfully taken from the employer, within a...
This Practice Note looks at what confidential information is, who it belongs to and how to protect it. It considers disclosure obligations in relation to confidential...
This Practice Note focuses on General Data Protection Regulation, Regulation (EU) 2016/679 (GDPR), the Data Protection Act 2018 (DPA 2018) and data protection issues that...
When conducting any type of litigation, practitioners will need to consider any obligations that arise under the current data protection regime, including the General...
Although the text of the General Data Protection Regulation, Regulation (EU) 2016/679 (the GDPR) refers throughout to the ‘Union’, it is stated on page one of the GDPR...
Data security is a cornerstone of the EU General Data Protection Regulation (GDPR). The sixth data protection principle (the integrity and confidentiality principle)...
Background to the General Data Protection Regulation The General Data Protection Regulation (the GDPR) (Regulation (EU) 2016/679 of the European Parliament and of the...
Many companies and government bodies (such as HMRC) have been exposed to loss of confidential information and many other breaches of confidentiality occur but they are...
The tort of misuse of private information is the principal cause of action relied upon to protect privacy rights, at least against defendants who are not public...
The Data Protection Act 2018 (DPA 2018) received Royal Assent on 23 May 2018. The DPA 2018 puts the UK in a position to continue to share personal data with other EU...
Revised CPR, new Pre-Action Protocol and Practice Direction On 1 October 2019, a revised version of the CPR came into force, which includes an updated CPR 53, a number of...
In brief This Practice Note supplements the Practice Note: Trade secrets and confidential information—protection and enforcement, which identifies when legal...
What is a preservation of property order? An order for the preservation of property is often used to preserve evidence. They are significantly less intrusive and likely...
The tort of misuse of private information is focused on 'the protection of human autonomy and dignity—the right to control the dissemination of information about one’s...
This Practice Note focuses on the remedies available in respect of misuse of private information (whether it be for an actual or threatened publication or for the method...
As summarised in: Restitution and unjust enrichment—overview, restitution is concerned with reversing one party’s unfair or unjust benefit at the expense of another...
This Practice Note explores each of the rights provided to individuals, known as data subjects, which are set out in Chapter 3 of the General Data Protection Regulation...
The General Data Protection Regulation, Regulation (EU) 2016/679 (GDPR) became directly applicable and fully enforceable in EU Member States on 25 May 2018. The main...
In some cases an employer will seek an injunction to protect himself against the activities of a former employee who, before the termination of his employment, breached a...
The Data Protection Act 2018 (DPA 2018), introduces four distinct data protection regimes into UK data protection law. It covers the processing of personal data: • within...
All employees are under a duty of fidelity to their employer. The duty of fidelity is also known as the duty of good faith, or of loyalty. Fidelity is a broad concept...
After four years of negotiation, amendments and drafting Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of...
The Information Commissioner’s Office (ICO) is the UK’s independent regulator designed to uphold information rights, specifically data protection, electronic...
