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12 topics
Confidential information
This chapter explains your employees’ obligation of confidence and what to do if they breach that obligation.
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The information you need to protect will depend on the nature of your business and industry.
![What confidential information might your company want to protect?]()
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The key way to protect confidential information is to impose an obligation of confidence on the people who are receiving the information.
![Obligation of confidence]()
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There are two reasons why information might be confidential.
![When is information confidential?]()
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If your business has any confidential information, take steps to identify this information as confidential.
![Identifying confidential information in your business]()
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If your employee or ex-employee takes your confidential information without consent and uses it to further a scheme that is contrary to your interests, they may be breaching their obligation of confidence.
![Breaching the obligation of confidence]()
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One way to find out whether ex-employees have taken confidential information is to obtain an Anton Piller order.
![How to determine whether an ex-employee has breached your confidence]()
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There are four key steps you should take if an employee or ex-employee has misused, or is threatening to misuse, your confidential information.
![Step-by-Step: What to do if your employee or ex-employee breaches your confidence]()
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Your rights to obtain compensation for a breach of a confidentiality obligation depends on whether the obligation arises by contract or in equity.
![Obtaining compensation]()
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A court may order the employee or ex-employee to return, deliver or destroy documents containing the confidential information.
![Delivering up confidential information]()
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If one of your employees or ex-employees has misused or threatens to misuse confidential information, you can prevent further damage to your business by applying for an interlocutory injunction.
![How to obtain an interlocutory injunction]()
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