Mopping up after a leak – how businesses can take steps to protect their confidential information
Understandably, employers want to take care of their confidential information. In the wrong hands, it can be damaging to their business and reputation or provide advantage to competitors. So what steps can be taken if, say, all of your confidential WhatsApp messages are suddenly leaked?
There are implied and usually express duties of confidentiality that employees owe to their employer. After termination of employment, these may lessen somewhat. The initial concern of the employer is to consider what duty may apply in the circumstances. If the information can be protected, the individual who has committed the breach of confidential information can be put on notice with relevant information as to how the breach can be remedied; an undertaking may also be requested for the employee confirm they will comply with their duties.
If this doesn’t fix the situation, the employer may seek to issue proceedings, seeking injunctive relief (stopping the use of the information) and/or damages (to compensate for the breach).
Employers should consider what their current confidentiality provisions are, and whether they provide adequate protection in the circumstances. On termination of employment, it is sensible to consider what information the individual would have access to and ensure its return.
If you are concerned about keeping your information confidential, or if there has been a breach, speak to Browne Jacobson to discuss your options.
You may be interested in...
Legal Update
Trans matters in care: The decision in For Women Scotland
Legal Update
Lessons from the 2025 cyber security breaches survey for higher education
In Person Event
Ascensus and O Shaped workshop: Ethics in the spotlight
Legal Update
AI in care: Navigating risk
Legal Update
Trans matters in sport: The decision in For Women Scotland
Legal Update
The concept of sex is binary: For Women Scotland v The Scottish Ministers Supreme Court case explained
Legal Update
Updated Modern Slavery Act Transparency Guidance: Key obligations and steps for businesses
Legal Update
Hyper-personalisation: Key considerations for organisations implementing AI solutions
Legal Update
Do whistleblowing protections extend to external job applicants?
Legal Update
US tariffs: Market chaos and implications for the UK tech sector
Article - Employment Rights Bill
The Employment Rights Bill: What the new amendments mean for employers
On-Demand - Care Focus webinar series
Care Focus: Focus on regulatory and employment
Legal Update - IP insights
IP insights: April 2025
Legal Update
Fair conduct dismissal: Guidance from the Court of Appeal
Legal Update
Employment healthcare briefing: March 2025
Legal Update
Information Commissioner announces new AI guidance and package of measures to support the Government’s growth agenda
Published Article
Cloud Computing guide 2024
Press Release
Browne Jacobson advises Obsequio Group on strategic expansion
Legal Update - DMCC Act
Consumer Law enforcement: Hot topics harmful online choice architecture and dark patterns
Legal Update
Why digital marketers need to comply with cookie regulations to avoid their campaigns being disrupted
Legal Update
Mitigating the impact of school data breaches
Press Release
Browne Jacobson advises Mercia Ventures on £3.9m investment in highways drainage specialist Crown Plus
Legal Update
The ripple effect: How US DEI shifts are impacting UK and Ireland businesses
Legal Update
AI adoption in schools: Meeting ICO expectations
On-Demand
EdCon 2025: Top five takeaways
Legal Update
Navigating SARs in schools
Opinion
That’s Asda price: Tribunal considers that retail roles are of equal value to distribution centre jobs
Legal Update
Recent developments: Awards of non-material damages under the GDPR
Legal Update
Transformative leadership: In conversation with Lauren Thorpe
Legal Update
Reflecting our communities: The push for diversity in school governance
Published Article
AI Opportunities Action Plan: How local authorities can lead the way
Legal Update
Legal challenges in workplace inclusion: A Scottish tribunal's examination of transgender rights
Opinion
Making your organisation neuroinclusive
Legal Update
How should artificial intelligence be deployed in schools?
Legal Update
Browne Jacobson’s EdCon conference for school leaders returns for fifth year
Press Release
Browne Jacobson’s School Leaders Survey illustrates how teachers are adopting AI in the classroom
Legal Update
DEI in school governance: Interview with Chiltern Learning Trust leadership
Legal Update
Limitation in claims for Child Sexual abuse (CSA)
Press Release
Browne Jacobson and National Governance Association unites to address the diversity deficit in school governance
