The regime for protection of confidentiality and trade secrets changed in the summer of 2018. The legislative impact was minimal, but the subtlety of change belies the significant shift in both exposure and opportunity. We will use a case study to consider the risk and reward arising from trade secrets and confidentiality in the UK and beyond.
The risk of unlawful publication or misuse is now much greater – definitions are clearer, and the enforcement measures are now cross-border and far reaching. There is a more substantial risk exposure in acquiring trade secrets or other confidential information from third parties, in particular arising from incoming employees or corporate acquisitions.
The commercial rewards are greater too. An asset which has greater protection has greater value for shareholders. But cultural changes to protecting trade secrets and confidential information can be slow to develop, and we will consider how to best identify and capture these assets within an organisation. The law requires businesses to proactively take steps to maintain confidentiality in order to qualify for protection. We will consider the legal, technical and human measures which can be deployed to maximise protection, as well as techniques which could be deployed in an enforcement scenario._1597353157710