Confidential information lawyer

At Dundas Lawyers^®, we understand that defending or enforcing of your business’s rights in confidential information can be critical for business success.  Infringement and intellectual property theft is on the rise in the modern digital landscape.  For many businesses, intellectual property protection involves more than just an idea or a concept, it is essential to protect genuine business assets.  Dundas Lawyers^® has experience identifying, enforcing and defending intellectual property rights and has acted for businesses inside and outside of the courtroom.

Do you need a confidential information lawyer?

Confidential information (Confidential Information) is a broad term that covers information, that is disclosed to another party in business dealings, that is generally not available to the public.  There is no defined category or definition of Confidential Information, rather a variety of criteria must be considered to determine if information should be deemed confidential.  This criterion includes but is not limited to the:

• information having a quality of confidence about it;
• information having a commercial value that imparts an obligation of confidence;
• unauthorised use of the information creating a detriment to the party disclosing it; and
• information being not obvious, trivial, or would be reasonably apparent to someone skilled in a particular field.

Confidential Information is valuable while it is kept secret, as such intrinsically over time protections have been developed through the English and Australian common law system to ensure that Confidential Information given as a Quasi-right is not misappropriated by the receiving party.

What legal avenues does a business have when confidential information is disclosed?

Through the renditions of English common Law, the Australia court system has recognised two causes of action for unauthorised disclosure of confidential information.

Breach of contract

If the two (2) parties are bound by a contract that contains an express or implied term of confidentiality, the disclosure of such information allows the disclosing party to bring an action for material breach of contract.

Equitable breach of confidential information (Breach of Confidence)

If it can be established that there is an obligation of confidence between two parties because of an agreement, fiduciary relationship or employment and there has been an unauthorised disclosure a cause of action for Breach of Confidence can be brought against the receiving party.

The two tests to determine if an obligation of confidence has arisen are:

• the Reasonable Person Test; and
• the Limited Purpose Test.

How businesses protect confidential information

• Non-Disclosure Agreement (NDA);
• confidentiality policy;
• limit disclosure;
• action plan; or
• limit disclosure.

Remedies for unlawful use of confidential information

• Injunction;
• damages;
• account of profits;
• public orders; or
• compensation.

Industry expertise

Our confidential information protection and enforcement expertise is particularly relevant to the following industry sectors:

• artificial Intelligence;
• quality assured businesses;
• corporates undergoing digital transformation;
• game developers;
• health and life science;
• IT service providers;
• SaaS providers;
• software developers;
• patented and branded product manufacturers;
• professional services; and
• web and mobile app developers.

Why choose Dundas Lawyers^® as your confidential information lawyer?

Having exerted Blood Sweat and Years^® since April 2010 we are the team that you want on your side to protect your businesses confidential information.  Some of the reasons clients choose Dundas Lawyers^® include:

• our Uncommon business acumen;
• our Uncommon expertise in transactional, compliance and litigious matters;
• our Uncommon expertise forensic case preparation;
• our Uncommon customer focus;
• the fact that we don’t just know law, we know business!
• how we leverage our Uncommon Nous^® to provide client centric solutions.

Considering engaging a confidential information lawyer?

For a confidential, no obligation initial telephone call to find out how we can help your business gain an uncommon advantage in confidential information protection please phone our team on either 1300 386 529 or 07 3221 0013.

Malcolm Burrows B.Bus.,MBA.,LL.B.,LL.M.,MQLS.
Legal Practice Director
T: +61 7 3221 0013 (preferred)
M: +61 419 726 535
E: mburrows@dundaslawyers.com.au

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