Confidentiality Agreement in UK Law

Leading Cases
  • Jones v Ricoh UK Ltd
    • Chancery Division
    • 14 Jul 2010

    Mr Jones states that he became increasingly aware of the importance to CMP of the control of the client relationship and that CMP was vulnerable to being cut out of that relationship by Ricoh, especially as CMP's business was not spread between a range of suppliers. Mr Jones therefore agreed with Mr Marcus I'Anson, Ricoh's then sales director, that their companies should enter into a formal confidentiality agreement.

    Hence in the present case, applying the established measure of damages, analysis of the loss caused by breach of the obligation under the Confidentiality Agreement that Ricoh would not use the “Confidential Information” for its own purposes can be approached only on the basis of considering what use has been made by Ricoh of the protected information; and then asking what would have happened as regards CMP's business if it had not been so used (i.e. the counter-factual).

  • Campbell v Frisbee
    • Court of Appeal (Civil Division)
    • 14 Oct 2002

    We consider that it is arguable that a duty of confidentiality that has been expressly assumed under contract carries more weight, when balanced against the restriction of the right of freedom of expression, than a duty of confidentiality that is not buttressed by express agreement – contrast the observations of Walker LJ in London Regional Transport v The Mayor of London [2001] EWCA Civ 1491 at paragraph 46 with those of Lord Donaldson of Lymington MR in Attorney General v Barker [1990] 3 All ER 257 at p.260.

  • EPI Environmental Technologies Inc. and Another v Symphony Plastic Technologies Plc and Another
    • Chancery Division
    • 21 Dec 2004

    The plaintiff brought an action against an English firm of fishing tackle manufacturers and a man named Dosen. While Dosen was employed by a third party company, Thoring, he had an active role in the invention of an ingenious and invaluable automatic machine for making fish hooks. During the course of his employment with Thoring he signed a confidentiality agreement. The plaintiffs obtained an assignment of the benefit of Dosen's agreement, Thoring having gone into liquidation.

  • Emmott v Michael Wilson and Partners Ltd
    • Court of Appeal (Civil Division)
    • 12 Mar 2008

    On the authorities as they now stand, the principal cases in which disclosure will be permissible are these: the first is where there is consent, express or implied; second, where there is an order, or leave of the court (but that does not mean that the court has a general discretion to lift the obligation of confidentiality); third, where it is reasonably necessary for the protection of the legitimate interests of an arbitrating party; fourth, where the interests of justice require disclosure, and also (perhaps) where the public interest requires disclosure.

  • R v Attorney General of England and Wales
    • Privy Council
    • 17 Mar 2003

    It is to be noted that neither the New Zealand courts nor their Lordships were invited to consider whether the MOD had acted unlawfully in refusing consent to publication. The whole basis of R's case has been a challenge to the validity of the contract and not to the way it has been performed. There is no contractual proviso that consent is not to be unreasonably refused; nor do their Lordships think that one could be implied.

  • Attorney General v Guardian Newspapers Ltd and Others (No. 2)
    • House of Lords
    • 13 Oct 1988

    I start with the broad general principle (which I do not intend in any way to be definitive) that a duty of confidence arises when confidential information comes to the knowledge of a person (the confidant) in circumstances where he has notice, or is held to have agreed, that the information is confidential, with the effect that it would be just in all the circumstances that he should be precluded from disclosing the information to others.

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Legislation
  • Data Protection Act 2018
    • UK Non-devolved
    • January 01, 2018
    ......) by another person who in the circumstances owes a duty of confidentiality under an enactment or rule of law. . (2) In Article 10 of the GDPR and ... This section does not affect the operation of any international agreement in force between member States and third countries in the field of ......
  • Public Interest Disclosure Act 1998
    • UK Non-devolved
    • January 01, 1998
    ......professional privilege (or, in Scotland, to confidentiality as between. client and professional legal adviser) could be maintained in .... (1) Any provision in an agreement to which this section applies. is void in so far as it purports to ......
  • The Public Contracts Regulations 2015
    • UK Non-devolved
    • January 01, 2015
    ...... authorities to award public contracts or to conclude framework agreements for works, supplies or services;(b) advice on the conduct or design of .... Confidentiality . 21. -(1) A contracting authority shall not disclose information which ......
  • The Electricity (Competitive Tenders for Offshore Transmission Licences) Regulations 2015
    • England & Wales
    • January 01, 2015
    ...... "confidentiality agreement" means the standard form agreement between a developer and a ......
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Books & Journal Articles
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Law Firm Commentaries
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