Trade Secrets, Data and Confidential Information Disputes

Confidential aspects of your products or services, or the unique way you deliver them, set you apart from competitors. Confidential information is the life blood of your business, whether it is in the form of databases, client lists, formulas, models, algorithms or manufacturing techniques, they all contribute to your competitive advantage and you businesses DNA.

Competitors that acquire this information can damage your financial position and your reputation by using your hard work to their advantage.

SA Law can help to protect your position in situations where valuable or sensitive commercial information has been stolen, leaked or misused. We can apply for an urgent injunction to prevent people sharing the information with others, or using it for their own gain.

Unfortunately, many confidential information disputes arise because of employee actions, whether malicious or inadvertent. Our extensive employment expertise enables us to advise you on the drafting and the enforcing of restrictive covenants and confidentially clauses. Which are vital tools for protecting your business.

If you have been accused of taking or using confidential information in breach of contractual obligations it is important to take advice quickly so as to ensure that the matter does not escalate unnecessarily. There are things that you can do which will prevent litigation.

How we help you

• Once we understand the situation, we identify the scope of the potential damage, and give you options for addressing it.
• We can assess the information handling and confidentiality clauses in the contract, and check they are sufficiently well-drafted to be enforceable by a court.
• Contact us before you share sensitive information with a potential business partner, and we can protect it with a formal non-disclosure agreement. We can also act swiftly if any of its terms are broken or put at risk.

It’s good to bear in mind...

• Make sure that your organisation has a clear confidential information policy and that all employment contracts include confidentiality obligations.,
• If you are sharing confidential information with a third party ensure that you enter into a non-dosclosure agreement.
• Courts tend to view competition as a good thing, so be prepared to build a strong case for granting an injunction. We can help you achieve this.
• Act swiftly as the Court can refuse to grant an injunction if you leave it too long to bring your claim.
• Acting immediately also helps to prevent future breaches by demonstrating you understand the value of your commercial information, and the need to protect it.