In Short
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.
