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Home > Country profiles > Australia > Articles > Article detail






Dispute Resolution Agenda: Breach of confidence actions

Sunday, 11th September 2017

"In an increasingly competitive business environment, many businesses face the threat of competitors or ex-employees seeking to make use of confidential information.

Businesses often go to great lengths to protect valuable information. Still, even with the best safeguards, there can be a leak or a threatened leak.

When a leak occurs there are many avenues a business might take to protect its position, including taking action pursuant to contractual rights.

One option that is often overlooked is to bring a claim for breach of confidence under the common law.

GENERAL REQUIREMENTS

An action for breach of confidence might be available if an aggrieved party can establish three things:

PROTECTABLE INFORMATION

What will constitute confidential information varies from case to case. Given the complexities of modern commerce, courts are flexible when determining what confidential business information is.

There are three main threshold requirements to establish that information is protectable information.

Select the link to read this article in full.


Web-link: http://www.mondaq.com/article.asp?articleid=625582&email_access=on&chk=1464126&q...
Source: Cooper Grace Ward
Language: English
Contact: Rocco Russo and Miranda Klibbe


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