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.


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