Businesses are increasingly aware of the fact that their data has a value, and that the release of confidential information can be highly damaging to a business. Although the use of confidentiality agreements and non-disclosure agreements is increasing, badly drafted documents can make it difficult to gain compensation or prevent disclosure, and may even leave an organisation unable to use its own ideas at a later date. For those dealing with public sector bodies the issue is complicated by the fact that the Freedom of Information Act only provides an exemption for information that is confidential within the common law definition of confidential information, and the fact that public sector bodies are advised by the Information Commissioner not to accept any information in confidence unless it is absolutely necessary. 

We can provide advice and assistance on all issues related to confidentiality, including the provision of confidentiality agreements, and the negotiation of confidentiality clauses between private and public sector bodies.

For further information please contact Simon Stokes in the Data Protection and Freedom of Information team on 020 7814 5482 or email simon.stokes@bllaw.co.uk.