Confidential information

The law of confidentiality is often the best way of protecting trade secrets and valuable know-how where these are not otherwise adequately protected by other means (eg via intellectual property rights), or where using other types of protection is unattractive for commercial reasons.

Even if other types of rights exist (eg patent rights in the case of patented inventions), often the real value of an invention or new piece of technology does not lie just in the invention itself, but also in the associated know-how, training and guidance required to fully exploit it. Therefore, the law of confidentiality also helps to protect valuable information associated with (for instance) an invention, along with financial, customer and similar confidential information that a business holds.

Examples of items which might be considered confidential within a business include:

  1. commercial records such as price lists, customer lists, details of customers, suppliers, business partners and relationships with regulators or other third parties

  2. unpublished copyright works

  3. mathematical formulae and manufacturing techniques, processes, designs, drawings and engineering

  4. secure codes and algorithms

  5. personal employee information such as compensation arrangements, benefits, hours or work etc

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Latest Life Sciences News

Life Sciences weekly highlights—19 March 2026

This week's edition of Life Sciences weekly highlights includes an MLex analysis of the European Data Protection Board (EDPB) and European Data Protection Supervisor (EDPS) issuing a joint opinion on the proposed EU Biotech Act, supporting harmonisation of clinical trials rules under the proposal, but calling for specific safeguards for sensitive health data. Also included, is news that the Council of the EU has agreed its position on the Digital Omnibus on AI proposal, and that the European Parliament’s Internal Market and Consumer Protection and Civil Liberties committees have adopted their joint position, supporting proposals to simplify AI rules, including amendments to revise timelines for high-risk systems, MedTech Europe has published a joint industry statement on packaging and sustainability requirements affecting medical devices, as well as news that the House of Lords has opened an inquiry into innovation in the NHS, focusing on personalised medicine and AI, EFPIA has published research on EU competitiveness for pharmaceutical investment and updates on Innovative Health Initiative (IHI) projects tackling health challenges ranging from antimicrobial resistance and AI to big data and regulatory innovation. Further news included is that the EMA has published an implementation strategy for the revised International Council for Harmonisation (ICH) E2D(R1) pharmacovigilance guideline, and has also opened a consultation on paediatric oncology development, the EMA and the Heads of Medicines Agency (HMA) have approved a 2026–28 workplan on using AI and big data in medicines regulation, the MHRA has highlighted the potential of medicines reclassification, involving switches from prescription-only (POM) to pharmacy, general sales list and over-the-counter (OTC) status, and a key Patents Court decision in Nador Cott Protection SAS v Asda Stores Ltd confirming that a mandarin variety was not essentially derived for Plant Breeders’ Rights purposes, among other stories.

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