Protecting & Enforcing Trade Secrets & Confidentiality

Some of the most valuable assets in your business may never appear on a register. Customer list, pricing models, product specifications, technical know-how and commercially sensitive processes can all give you an advantage, provided they remain properly protected.

Confidential information and trade secrets can become vulnerable at many points in the life of a business whether through employees, suppliers, commercial partners or transactions.

We help businesses identify the information that matters, put sensible legal protections around it and respond quickly when those protections may have been breached. The right approach will depend on what you are protecting, who needs access to it and how that information supports your wider commercial objectives. We will help you identify the key risks, strengthen the arrangements around them, as well as acting where confidential information may already have been misused or disclosed.

Where an issue also involves contractual agreements or disputes, we can bring the relevant specialists together. You will have a team focused on protecting your position without losing sight of the practical needs of the business.

Harrison Drury is recognised in independent legal directories including Chambers UK and Legal 500 (UK), and the firm holds Lexcel, the Law Society’s practice management standard.

We make it possible to protect commercially valuable information and to put workable safeguards in place as your business develops.

If you would like to review the way your confidential information is protected, or you are concerned that sensitive information is already at risk, call us or complete the form below. We will help you understand your position and the steps you can take to protect your business.

How we can help protect confidential information and trade secrets

Protecting confidential information involves more than asking someone to keep it private. Your contracts, internal processes and the way sensitive information is shared all need to work together.

We can help you put the right legal protections in place, including:

Confidentiality and non-disclosure agreements (NDAs)
Confidentiality clauses within commercial contracts
Agreements covering information shared with suppliers, customers, investors and consultants
Clear terms setting out how confidential information can be accessed, used and disclosed

We can also review how sensitive information is managed within your business. This may include looking at who has access to commercially valuable information and know-how, how it is stored and shared, and whether your existing contracts and processes continue to provide appropriate protection as your business develops.

If you are concerned that confidential information has been misused or disclosed, we can help you assess what has happened and advise on the steps available to protect your position.

Where a dispute arises, we can work quickly to protect your position, and where appropriate, draw on collegues from our wider commercial dispute resolution team to provide additional support.

Our aim is to protect the information that matters most to your business without creating unnecessary restrictions or processes.

Non-disclosure agreements (NDAs)

A confidentiality agreement, often called a non-disclosure agreement or NDA, sets out how specified information can be used, who it can be disclosed to and the obligations of the person or organisation receiving it.

These agreements can be useful when sensitive information needs to be shared before a wider commercial relationship is finalised.

Confidentiality protections can also sit within wider commercial contracts rather than in a standalone NDA. If you are entering into agreements with commercial partners, it is important to consider what information each party will receive and how they should be permitted to use or disclose it.

We can help you decide what needs protecting and make sure the terms reflect how information will actually be exchanged and used. This includes considering the scope of the information being protected, who needs to access it, the purposes for which it can be used, how the confidentiality obligations interact with intellectual property ownership or licensing, and what happens to the information when discussions or the commercial relationship come to an end.

Where you have been asked to sign an NDA or contract containing confidentiality provisions drafted by another party, we can review the terms and explain their practical implications before you commit.

Protecting know-how within your business

Not every risk comes from outside the organisation. Valuable information is often shared across internal teams.

The challenge is finding a sensible balance between accessibility and control. People need access to information to do their jobs, but commercially valuable know-how also needs appropriate protection.

We can help businesses put appropriate protections around confidential information and know-how and consider how contracts and internal processes work together. That may include reviewing who has access to commercially valuable information, the contractual obligations that apply to them and whether those protections remain effective as roles, responsibilities or business activities change.

Where employment issues are involved, we work closely with our employment colleagues so that the protection of confidentiality information is considered alongside the wider employment relationship.

When confidential information has been misused

If a former employee has misused confidential information the immediate priority is to understand what has happened and limit the risk of further use or disclosure.

We can help you establish what information may have been taken, how it was accessed and what contractual or other protections apply. We will also guide you on preserving relevant evidence, taking steps to prevent further access or disclosure, reviewing contractual and confidentiality provisions, and identifying where the information may already have been shared or used.

Once the position is clearer, we will explain the options for protecting your business. This may include contacting the individual or another party, seeking assurances or formal undertakings about the use, return or deletion of information, negotiating a resolution, or considering urgent court action where further disclosure or misuse needs to be prevented.

Timing can matter, particularly where commercially important information could quickly reach a third party. We will help you decide what needs attention immediately, what evidence should be protected and what response is proportionate to the commercial risk.

Where employment or other issues arise alongside the misuse of confidential information, we can draw on colleagues from across the firm to provide additional, specialist support where required.

How we work with your business

The strongest protection starts with understanding how information moves through your business.

We will take the time to understand what you need to protect, who has access to it, how it is shared and where the most significant commercial risks may arise. That allows us to recommend protections that reflect how your business actually operates, rather than introducing unnecessary restrictions.

You will have a clear point of contact who takes responsibility for progress and keeps you updated. Where the matter overlaps with other areas of your business, we draw on the right specialists so that the advice remains joined up and you do not need to coordinate separate strands of work.

For owner-managed businesses and SMEs, that can mean responsive advice and clear steps that are practical to put in place. For in-house teams and larger organisations, we can provide additional capacity and support where confidential information forms part of a wider project, transaction or risk-management process.

Our aim is to help you protect important information while keeping the arrangements workable for the people who need to use it.

We will discuss the scope of the work and the available pricing options at the outset, so you know what is involved before deciding how to proceed.

Talk to our Confidential Information & Trade Secrets Solicitors

Whether you want to strengthen the way your business protects sensitive information, put an NDA or contractual safeguards in place, or respond to suspected misuse, we can help you understand your position and take the appropriate steps to protect your business.

Harrison Drury is recognised in independent legal directories including Chambers UK and Legal 500 (UK), the firm also holds Lexcel, the Law Society’s practice management standard. We make it possible to protect valuable business information through clear safeguards, advice and a response tailored to the risks your business faces.

Known throughout the North, with offices in Lancashire, Cumbria, Staffordshire and Merseyside including Preston, Clitheroe, Garstang, Kendal, Lancaster, Lytham, Manchester, Southport and Stoke, we offer accessible support that stays close to what matters to your business.

Call us or complete the form below and we will arrange an initial conversation. We will take the time to understand what you need to protect or the issue you are facing, explain your options and outline the best way forward, including the likely scope and cost of the work.

Confidential Information & Trade Secrets FAQs

Confidential business information is information that is not generally available and that a business has an interest in keeping private. In practice, this may include customer information, pricing arrangements, product specifications, business plans, commercial strategies, technical know-how or information about processes and future projects. The appropriate protection will depend on the nature and commercial importance of the information, how it is used and who needs access to it.

Under the Trade Secrets (Enforcement, etc) Regulations 2018, information will generally qualify as a trade secret where it is secret, has commercial value because it is secret, and reasonable steps have been taken to keep it secret. Not all confidential information will necessarily qualify as a trade secret, but it may still be capable of protection through contractual obligations and the law of confidence. If particular information is important to your competitive position, we can help you consider the contractual and practical safeguards surrounding it.

An NDA, or non-disclosure agreement, is a contract designed to control how confidential information can be used and disclosed. It can be used before sensitive information is shared with another business or individual and can set out matters such as what information is protected, who may access it and the purpose for which it may be used.

Contracts and internal processes can both play an important role in protecting sensitive business information. The appropriate approach will depend on the employee’s role, the information they can access and the way your business operates. Where employment arrangements arise, we can draw on our employment colleagues so that the protection of confidential information is considered alongside the wider employment relationship.

It is sensible to obtain advice at an early stage. The first step is usually to establish what information is involved, what access the individual had, what contractual protections apply and what evidence is available. We can help you assess the immediate risk, preserve your position and determine a help you decide on a proportionate response, including whether urgent action may be required to prevent further use or disclosure.

The appropriate response will depend on the circumstances, including the nature of the information, how it was disclosed and what contractual or other protections were in place. We can help you assess the immediate risks, identify the information and evidence that should be preserved and advise on the steps available to prevent further use or disclosure and protect your commercial position.

Yes. We can review existing NDAs, contractual provisions and the wider arrangements governing how confidential information is accessed, used and shared. This can be useful where a business has grown, new people or third parties have gained access to important information, or existing documentation no longer reflects how the organisation operates.

Confidential information can be particularly important when businesses are sharing information during investment, acquisition or sale discussions. We can advise on the arrangements for sharing and protecting sensitive information and, where appropriate, work alongside our corporate and commercial colleagues so that those protections fit with the wider transaction.