Q&As

How do I protect confidential information in the workplace?

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Published by a LexisNexis Information Law expert
Published on: 04 December 2013
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What counts as Confidential information?

The legal definition of confidential information is information that is (i) confidential in nature, and (ii) Disclosed in circumstances that give rise to a duty of Confidentiality. What does this mean in practice? In many cases it will be obvious that information is confidential eg a customer database, a trade secret such as a new chemical formula or a business sales strategy. Sometimes it won't be obvious, eg oral communications at a work social event or informal email communications can constitute confidential information. Therefore it is vital to have (i) a system in place to protect confidential information, and (ii) ensure employees are aware of the risks and discouraged from using information unlawfully.

Use contractual protection

Many employment contracts will include provisions on confidential information. However, one size might not fit all and it is a good idea to seek legal advice to ensure that your employment contracts are suitable for your business and the different categories of employee. For example, different contractual measures may be required

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Jurisdiction(s):
United Kingdom
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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