The following Information Law Q&A produced in partnership with Michelle Last of Keystone law provides comprehensive and up to date legal information covering:
There is no statutory definition of ‘indirect disclosure’ and there does not appear to be any case law on the matter. This indicates that what constitutes ‘indirect disclosure’ is not a matter which comes up often in practice. However, that may be due to the fact confidentiality agreements typically include reference to direct and indirect disclosures so as to capture a broad spectrum of potential breaches, putting the matter beyond dispute.
The natural language meaning of ‘indirect’ is something that is not direct and is potentially not intended as a course of action. but which nevertheless can have an impact.
The most likely form of disclosure will be that which is deliberate, which would be caught by a restriction against ‘direct’ disclosure of confidential information. In a settlement agreement, for example, if an employee has signed a statement that they will not disclose the terms or existence of a settlement agreement to third parties, it will be a direct breach of that settlement agreement if the employee then tells a former colleague they have received a payment in return for entering into a settlement agreement.
Indirect breaches are more difficult to define and predict. The inclusion of ‘indirect’ disclosure will therefore assist the
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