Protection Of Confidential Information Without A Contract

Introduction

Signing of confidentiality agreements to protect confidential information is common practice. However, what happens when there is no such confidentiality agreement? Is confidentiality of confidential information required to be maintained even if there is no express contract, or is a written contract necessary to protect confidentiality? This is the question that is explored in this paper.

Protection of Confidential Information under Common Law – Rule of Equity

To trace the jurisprudence on this subject, the 1948 decision of the English Court of Appeal in Saltman Engineering Company Limited v. Campbell Engineering Company Limited¹ ("Saltman Engineering Case") would be a good starting point. In the said case, Saltman Engineering Company Limited ("Saltman") who was the owner of certain drawings, had proposed to enter into a contract with Campbell Engineering Company Limited ("Campbell") for the manufacture of certain leather products, and had shared