Breach of Confidence

MSR Solicitors is proud to offer expert legal advice on the complex area of breach of confidence under English law. With a team of experienced lawyers and a proven track record of success, we are dedicated to helping our clients navigate the intricacies of breach of confidence law and protect their rights.

What is Breach of Confidence?

Breach of confidence, also known as the law of confidentiality, is a legal principle that protects confidential or sensitive information from being disclosed without the consent of the rightful owner. This can include trade secrets, personal information, and other confidential data that may have been shared in a confidential relationship, such as between an employer and employee, or a doctor and patient.

At MSR Solicitors, we understand that breach of confidence cases can be highly sensitive and require a delicate approach. We work closely with our clients to understand their specific needs and provide tailored legal advice to protect their confidential information. Our team of solicitors have extensive experience in handling such cases and a deep understanding of the relevant laws and regulations.

Case Law & Legislation

One of the key pieces of legislation that governs breach of confidence law in England is the common law principle of confidentiality. This principle has been established through a series of landmark cases, including the famous case of Coco v. Clark (1969). In this case, the court held that for information to be considered confidential, it must have the necessary quality of confidence, meaning that it should not be readily available to the public. It must also be disclosed in circumstances where the party receiving the information is aware or should be aware that it is confidential.

In addition to the common law principle, there are also specific statutory provisions that protect confidential information. The most prominent of these is the Data Protection Act 2018, which regulates the processing of personal data and provides individuals with control over how their personal information is used. This legislation, which implemented the General Data Protection Regulation (GDPR), is particularly relevant in today’s digital age, where the sharing and processing of personal information is widespread.

Drafting

One of the key services we offer is drafting and reviewing confidentiality agreements. These are legally binding contracts that establish a confidential relationship between parties and set out the terms and conditions for the use and disclosure of confidential information. Our team of solicitors has extensive experience in drafting these agreements to ensure they are comprehensive and enforceable.

In addition to drafting confidentiality agreements, we also provide advice on how to protect confidential information in the workplace. This may include implementing policies and procedures for handling and storing confidential information, as well as training employees on the importance of confidentiality. We also assist clients in cases where their confidential information has been breached.

Our team has a proven track record of successfully representing clients in breach of confidence disputes, including obtaining injunctions to prevent further disclosure of confidential information and securing damages for our clients.

Contact us today for further advice in this area.

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