Confidentiality Definition

GLOSSARY

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What does Confidentiality mean?

Duty imposed in conduct whereby an individual and firm must keep clients' matters confidential.

Confidentiality can be overridden by client consent or if the law requires disclosure. Breach of this duty and making an unauthorised disclosure in any other circumstance is a disciplinary matter.

View the related checklists about Confidentiality

Practical steps following a decision in tax matters—checklist

Practical steps following a decision in tax matters—checklist This Checklist has been written by Anne Redston, Barrister. It is her personal view; she is not authorised to speak for the Tribunals Service or the judiciary. The receipt of an HMRC decision normally starts the clock ticking for appealing to the First-tier Tax Tribunal (FTT). This Checklist may be useful to prevent you overlooking important points at that critical juncture. It considers: • whether you have an appealable decision • the time limits for: ◦ making an appeal, or ◦ accepting or requesting a review of a decision • the HMRC review process and time limits following such a review • some practical points to consider when making an appeal, including the merits of the case and the costs and privacy implications of an appeal, and • the procedural requirements when appealing to the FTT This Checklist is only a summary and does not cover all situations. You may need to take further advice in relation to your client’s...

Issues to consider when drafting a settlement agreement—checklist (employer)

Issues to consider when drafting a settlement agreement—checklist (employer) The employer (and its advisers) should consider the following issues: Preparatory steps • Obtain from the employer: ◦ a copy of the departing employee's latest contract of employment/other relevant documents containing contractual terms (NB these may be in a staff handbook) ◦ details of the contractual benefits enjoyed by the employee ◦ relevant information regarding the employee's pension benefits ◦ relevant information regarding any shares/share options, etc held by the employee? Consider the Articles of Association/any relevant shareholder agreement, share scheme documentation, etc. See also Shares and share options below Status of negotiations • Will negotiations take place between the parties directly, or between their respective legal advisers? • How strong is the employer's negotiating position? How strong are the employee's claims or potential claims? In the case of dismissal, is there a fair reason and has the employer carried out a fair procedure? Is the employer in repudiatory breach? What is the employer prepared to offer initially, and is that...

Procurement process—flowchart—worked example

Procurement process—flowchart—worked example This Procurement process flowchart shows the order in which a procurement may take place, together with the elements to be considered to ensure that a transparent and suitable procurement process is followed. It also identifies Precedents available to assist you with the procurement process. This Flowchart is a worked example and is not intended to be definitive. Different organisations may well have very different processes, but it provides a good starting or reference point. The contract value figures have been included for illustrative purposes only. This Flowchart should be read in conjunction with Practice Note: Procurement risk management guide which identifies five key risk management priorities for in-house lawyers supporting the procurement process. See also Precedent: Procurement policy—internal. Note 1 When deciding whether or not you can use a supplier who has previously supplied goods/services to another part of the organisation you should consider: • satisfaction with the supplier • uniformity or standardisation requirements • price efficiency/economies of scale • desirability of reducing reliance on one...

EU GDPR—personal data breach notification—flowchart

EU GDPR—personal data breach notification—flowchart The EU’s General Data Protection Regulation, Regulation (EU) 2016/679 (EU GDPR) is directly applicable and fully enforceable in EU and EEA states. This Flowchart focuses on personal data breach notification under the EU GDPR. It covers: • a summary of the overarching obligations • key guidance • types of personal data breaches • the flowchart of notification requirements • general examples of personal data breaches and who to notify • detailed examples of personal data breaches and who to notify The EU GDPR includes the following definition of a personal data breach: ‘…a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed.’ Overarching obligations In summary, among other things, the EU GDPR provides that: • data processors must notify the data controller without undue delay after becoming aware of a personal data breach • unless the personal data breach is unlikely to result in a risk to the rights...

Confidential information and trade secrets in employment

As noted in Practice Note: The duty of fidelity and fiduciary duties, the duty of fidelity implied into every contract of employment will generally prevent an employee from disclosing to third parties confidential information which comes to their knowledge during the course of their employment. In addition to this, certain very confidential information, generally known as trade secrets, will be protected by the equitable duty of confidence. These two duties have combined historically to determine the implied duty on an employee in relation to confidential information.The manner in which business information is categorised is therefore very important; while an employee will be under an implied duty not to disclose trade secrets and/or confidential information to third parties during employment, only the implied duty not to disclose trade secrets will continue after the employment ceases.An exception to this general rule is that the employee may be prevented from taking advantage, after their employment has ended, of a breach of the implied duty that occurred during their employment (see Practice Note: Springboard...

Settlement agreements in employment—practical and tax issues

This Practice Note examines the practical issues that typically arise relating to an employment settlement agreement (formerly known as a compromise agreement). It also outlines the tax issues that are likely to be relevant, and refers to our related Practice Notes for further detail.For information on the legal requirements (ie the conditions regulating settlement agreements) that must be met in order for a settlement agreement to be binding and valid to settle statutory employment claims, see Practice Note: Settlement agreements in employment—legal requirements.Parties to the agreementIn the case of an individual employer, or a company employer with a simple corporate structure, the employer and the employee will be the parties to the settlement agreement and there will be no need to refer to third parties.However, it may be that the identity of the employer is not straightforward, eg in a more complex corporate structure where:•the employee works, or has worked, for other companies in the employer’s group eg on secondment•the employee performs their work for one company, but is paid...

Discover our 1880 Practice Notes on Confidentiality

Confidentiality clauses

For insertion in a sale contract The Seller and the Buyer agree that: • except where such disclosure is required in order to comply with the requirements of any statutory or other competent authority [or for the purpose of any subsequent dealing with or financing of the Property or notification of occupational tenants], neither of them shall disclose to any third person[, except the

Ireland—Simple mediation clause

Ireland—Simple mediation clause Nature of the clause This Precedent is a short-form clause for use in a business-to-business (B2B) commercial contract providing for mandatory mediation in the event of a dispute arising out of the agreement. This Precedent clause provides that the parties will seek to settle the dispute. Unlike litigation and arbitration clauses, the purpose of this clause is for the parties to seek to resolve the matter with the assistance of a mediator, but without the need for formal contentious proceedings. What is mediation and why have a mediation clause? Mediation is a form of alternative dispute resolution (ADR) in which a third-party mediator follows a structured process to facilitate an agreed settlement between parties to a dispute. Mediation is a non-binding dispute resolution process, ie any agreement reached in mediation will only be binding on the parties if they enter into a settlement agreement. Mediation allows the parties a high degree of control compared with litigation and provides a collaborative process for dispute resolution. Further advantages of...

Dive into our 733 Precedents related to Confidentiality

Can an insurer refuse to provide internal correspondence and case notes relating to an insurance claim where a subject access request (SAR) is made under the UK GDPR for such information?

Can an insurer refuse to provide internal correspondence and case notes relating to an insurance claim where a subject access request (SAR) is made under the UK GDPR for such information? This Q&A assumes that the organisation that has received the SAR is a ‘controller’ of the relevant data. For an introduction to the United Kingdom General Data Protection Regulation, Retained Regulation (EU) 2016/679 (UK GDPR) regime, including key data protection terms and concepts, such as ‘personal data’, 'processing', 'data subject' and ‘controller’, see: Data protection toolkit. As further explained in Practice Notes: The UK GDPR and DPA 2018 for insurers and Data subject rights—access, Article 15 of the UK GDPR gives individuals a right to obtain confirmation from a data controller as to whether or not personal data concerning them is being processed, and where it is, access to the personal data and certain further information. A request for such information is commonly known as a ‘subject access request’ (or a 'SAR' or 'DSAR'). In order to assist...

Is the permission of the court required for evidence from financial proceedings to be utilised in children proceedings (and vice versa)?

Is the permission of the court required for evidence from financial proceedings to be utilised in children proceedings (and vice versa)? In relation to evidence, first consideration should be given to the provisions of the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955. FPR 2010, SI 2010/2955, 27.10, provides that proceedings to which FPR 2010 apply will be held in private except where FPR 2010 or any other enactment provides otherwise or, subject to any enactment, where the court directs otherwise. A hearing held in private means proceedings at which the general public have no right to be present (FPR 2010, SI 2010/2955, 27.10(2)). FPR 2010, PD 12G covers the communication of information relating to children proceedings and sets out at FPR 2010, PD 12G, para 2.1 the categories of people to whom information may be communicated and for what purpose. Communication outside of these provisions amounts to a contempt of court. FPR 2010, SI 2010/2955, 12.73 also provides that, for the purposes of the law relating to contempt of...

See the 274 Q&As about Confidentiality

Practice Compliance weekly highlights—31 October 2024

This week's edition of Practice Compliance weekly highlights includes: the latest sanctions news, the appointment of a new director of anti-money laundering (AML) by the Solicitors Regulation Authority (SRA), the publication of the 28th edition of SARs in Action magazine, and the introduction of the Data (Use and Access) Bill.

Competition weekly highlights—31 October 2024

This week's edition of Competition weekly highlights includes, from a UK perspective: (1) the government’s autumn budget announces funding for CMA and plans to commence the CMA’s information gathering powers, (2) the CMA publishing its State of UK competition report for 2024, (3) the Department for Business Trade’s announcement that it has finalised technical discussions with the EU on a competition co-operation agreement, and (4) the CAT’s judgment dismissing application against CMA decisions to refuse confidential treatment of parts of phase 1 decision and phase 2 issues statement in T&L Sugars/Tereos merger. This week’s highlights also includes, from an EU perspective: (1) the Court of Justice’s judgment dismissing the Commission’s Intel appeal, and (2) an AG opinion concerning national reference from Austria recommending EU competition law does not prevent evidence from whistle-blowers in cartel investigations being disclosed in criminal proceedings.

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