Sub-Practice Trade Secrets & Corporate Espionage.
Protecting trade secrets and responding to corporate espionage — data leaving with departing employees, breach of confidentiality clauses and unlawful access by competitors.
Protecting trade secrets and responding to corporate espionage — data leaving with departing employees, breach of confidentiality clauses and unlawful access by competitors.
Trade Secrets & Corporate Espionage
Unlike a patent or a trade mark, a trade secret is not registered with any authority. Its protection depends on the measures the business takes to keep the information confidential — access restrictions, confidentiality agreements and appropriate internal procedures. If a dispute arises, what matters is whether the business can show that those measures were genuinely applied.
The point at which an employee leaves is particularly critical. Access to client lists, commercial data, pricing information, know-how or product data can create a serious risk, especially where the employee is moving to a competitor. Revoking access in time, preserving the relevant material and following a proper exit procedure can make a decisive difference.
A confidentiality agreement on its own is not enough. The business has to be able to show that it took reasonable measures to protect its information.
Where a breach is suspected, time is critical. Preserving the electronic and other evidence and, where required, applying immediately for interim measures can limit the continuing use of the information and protect the commercial position of the business.
Scope of Service
Why Pantazis & Associates
Frequently Asked Questions
A trade secret can be any business information — a client list, a pricing model, a production process or source code — that is not generally known and has commercial value because it remains confidential. To be protected as a trade secret, the business must have taken reasonable measures to preserve its confidentiality: access restrictions, confidentiality agreements, appropriate marking and access limited to those who need to know. In a dispute, the business has to be able to prove both the confidential character and commercial value of the information and the measures it took to protect it.
On its own, usually not. A signed confidentiality clause shows that the counterparty or the employee was told the information was confidential, but it is not enough on its own to show that the business treated it as a trade secret in practice. The overall picture matters: who had access to the information, whether access was restricted, whether the information was properly marked, and whether there were internal procedures for its use and distribution. A confidentiality clause without corresponding protective measures leaves a significant gap. The agreement should be part of a wider protection system, not the only measure the business takes.
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