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 unpublished copyright works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—18 December 2025

This week's edition of Life Sciences weekly highlights includes news that the Council of the EU and the European Parliament have reached a provisional agreement on the proposed pharmaceutical legislation reform package, the European Commission has published proposed amendments to the medical device regulations, and it also has published the long-awaited draft Biotech Act along with a draft directive for genetically modified micro-organisms, together with announcing €10bn investment into the sector, which aim to boost EU biotech competitiveness, accelerate EU clinical trials and strengthen biosecurity. Further news included is that the European Parliament adopted an amended draft Critical Medicines Act, the MHRA has established a Regulatory Innovation Corridor with Singapore that allows companies to engage with both nation’s regulators simultaneously to obtain early joint advice and streamline clinical trial design for breakthrough health technologies, the Commission has published a draft implementing regulation establishing the operational framework for the European Health Data Space (EHDS) Board, the Commission has released the three-year working plan agendas for five working groups (Biosimilars, Biologics, joint CHMP/CVMP Quality, Non-clinical domain and Synthetic Peptides) and the ASA continues to sanction companies for advertisements of weight-loss medicines that are prescription-only medicines (POMs) and for claims that go beyond the medicine’s authorised indication, among other stories.

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