Trade Secrets & Confidential Information - The Current Position

Introduction

This new full day in-person course will consider the latest ways and means available to a business to protect its trade secrets and confidential information.

Some unexpected ways information can leach out of an organisation will be identified and suggestions made as to possible steps to minimise the risk.

The ever-present issue of employees or former employees improperly disclosing secrets will be discussed, as will improper use by third parties.

The importance of keeping confidential any research or design work which might lead to a patent, registered design or trade mark application will be referred to.

A general account of some security measures that can be properly implemented to protect both a business's computer systems and those of its work-at-home employees and consultants.

What You Will Learn

This course will cover the following:

• What is a trade or commercial secret/confidential information? Are there different types? Is it dependent on contract, quasi-contract, equity, fiduciary duty or even tort? Does good faith, accidental or involuntary disclosure offer a useful defence?
• Statutory protection - The Trade Secrets (Enforcement, etc) Regulations 2018. Their relation to the non-statutory contractual and non-contractual provisions usually relied on to protect trade secrets and confidential information
• Co-existence of contractual, non-contractual and/or statutory protection? Can contractual provisions protect information that cannot be protected by non-contractual confidence?
• Commercial secrets and employees - what sort of information can be protected during employment and afterwards? Is an employee’s role or seniority taken into account? Employee monitoring and Data Protection Act/GDPR issues
• Relevant terms in a contract of employment - might they be reasonable in a given case?
• What sort of information can be protected in situations other than employer/employee?
• Information already properly and sufficiently in the public domain - might ‘springboard relief’ be available? The real and complex problem of the internet, including jurisdiction
• Possible limitations on protection due to Whistleblower, Human Rights and Freedom of Information Acts?
• Litigation - trying to obtain sufficient evidence to bring an action. Letters before action. Disclosure and trade secrets - a balancing exercise? Are there exceptions to open justice when litigating particularly sensitive commercial secrets or information?
• Non-disclosure Agreements (‘NDAs’) - Pros and cons. Does a given NDA actually amount to an enforceable contract? A few sample NDAs will be considered