Confidential information

Information protected because of its quality and how it was given, not because it was registered.

What it means

Confidential information is protected by the law of confidence and by contract, covering trade secrets, customer lists, pricing, methods and know-how.

Why it matters

It is often the most valuable thing a business owns and the least formally protected. Unlike a patent it needs no registration; unlike a patent it is lost if it becomes public.

What it looks like in practice

Protect it by marking it, restricting access, using NDAs, and putting confidentiality obligations in employment contracts that survive termination.\n\nSee restrictive covenants for the post-employment position.

What to watch out for

Employees taking customer lists. It is a breach and it is hard to prove without evidence of access — which is why access logs matter.

Where to get proper advice

A commercial solicitor. For a clause you rely on regularly, one properly drafted set is cheaper than one dispute.