The Situation: Protecting intangible property can be extremely
challenging, but significant and effective tools are available
under English law to minimize significant harm to entities that
have been victimized by a data breach in the UK.
The Result: The Trade Secrets Directive has harmonised the
treatment of confidential business information in the EU so as to
ensure that the scope of protection is uniform across member
states, including the UK. This is likely to continue
post-Brexit.
Looking Ahead: Reacting promptly and effectively to a data breach
is key to containing it and limiting its damage. Businesses should
develop a strategy to respond to future breaches so as to maximize
the recovery of the confidential information and ensure no wider
dissemination or leakage.
Attachments
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.