Case law: court clarifies extent of protection for confidential information
Businesses should make sure they are protecting their confidential information as far as practicable, following a recent ruling.
This update was published in Legal Alert - May 2014
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In a recent case, the Court of Appeal looked at whether the obligations under a confidentiality agreement continued to apply after the parties signed a second agreement which did not contain any such express obligations.
Rentokil possessed confidential information relating to customers and services and appealed an injunction preventing it from contacting customers of another company which provided the information. That company, UK Hygiene, had terminated the second agreement that had been signed so that it could deal directly with the customers.
Rentokil then approached UK Hygiene's customers to provide them with services using confidential information under the initial agreement.
The Court upheld the decision of the earlier court that the confidentiality obligations continued to apply in respect of protecting trade secrets. This was necessary to protect the wrongful use of the confidential information.
Disclaimer: This article from Atom Content Marketing is for general guidance only, for businesses in the United Kingdom governed by the laws of England. Atom Content Marketing, expert contributors and ICAEW (as distributor) disclaim all liability for any errors or omissions.
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