[TMT] Safeguarding Secrets: Preserving Confidentiality In IT & Telecommunications Projects

Information Technology (IT) and telecommunications projects often entail a transfer of vast amounts of sensitive, proprietary and confidential information/data between organisations. This remains the case irrespective of the magnitude and complexity of the project concerned. Breach of confidence therefore poses significant risks to organisations – it threatens the integrity of business operations and compromises the competitive advantage of businesses in the industry. It is for these reasons that the tort of breach of confidence was formulated to safeguard confidentiality in commercial transactions.

Elements of Breach of Confidence

Liability under the tort of breach of confidence arises when three elements are proven on the balance of probabilities: