Many commercial and employment contracts contain restrictive covenants that protect a business’s confidential information from being shared without consent. Our business lawyers have the knowledge and experience required to determine if there is a claim against another party for breach of confidence. What might seem like it is not confidential might in fact be considered confidential under the law. While the test seems simple and straightforward, every case turns on its own facts. The information was misused by the party to whom it was communicated.The information was communicated in confidence.The information conveyed was confidential in nature.Succeeding on a breach of confidence claim requires proving the following: When a person entrusted with a business’s confidential information uses it for private gain or otherwise to the detriment of the business, you can sue them for breach of confidence. It is imperative to maintain a watchful eye over internal communications and limit disclosure of business information on a “need-to-know basis”. It is essential for businesses to ensure all their employees and other representatives are aware of their confidentiality obligations. However, as technology has advanced, it has made it increasingly difficult to keep confidential information close to the chest. Most businesses prefer to keep all their information private to prevent its misuse. A business lawyer can represent you when suing someone for breach of confidence to recover damages for the resulting harm done to your business. Breach of confidence occurs when a person entrusted with your business’ confidential information misuses, abuses and/or discloses that confidential information. They are trusted with the necessary information to perform their duties for the business – information that can also be used against the business or otherwise to its detriment. Businesses need people to operate them and make decisions, those representatives have been exposed to the business’ integral information in different ways. Some information is integral to the business continuing to operate and generate a profit. ![]() Businesses all generate and use information every day to make a profit.
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