The following Information Law Q&A Produced in partnership with Tim Herbert of Ignition Law provides comprehensive and up to date legal information covering:
Any obligations in relation to confidential information will endure for as long as that information remains confidential. Accordingly, if the information was not confidential to start with or has ceased to be confidential, then it is unlikely that a Court will uphold undertakings in relation to it.
A non-disclosure agreement (NDA) is intended to protect a party’s confidential information. Generally, an NDA requires a party receiving that information:
not to disclose the information to any other party, and
(quite often) not to use the information other than for a particular purpose
In considering whether information received under an NDA can be disclosed by the receiving party, there are, therefore, two questions to be asked.
The first question is whether the information to be disclosed was confidential in the first place. As to this, in Saltman Engineering Co Ltd v Campbell Engineering Co Ltd it was stated that to be confidential, the information must, apart from contract:
‘…have the necessary quality of confidence about it, namely, it must not be something which is
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