The obligation of confidence may arise in the UK either under contract or as an equitable action, or both. It protects personal, business and government information of a confidential nature, including trade secrets or ‘know-how’, where such information is imparted in circumstances giving rise to an obligation of confidentiality.
The law of confidentiality is English law’s main response to the absence of a discrete law of privacy. The scope of protection offered by the law will often depend upon policy. Thus in the employer/ employee context the doctrine against restraint of trade plays a major role in limiting the obligation of confidence, while in the sphere of government secrets, the role of public interest is of vital importance.
Pactum Law offers advice in respect of the drafting and enforceability of confidentiality agreements, the management and exploitation of know-how and the impact of national and European competition law.