The Blog

Confidentiality Agreement Criminal Investigation

As we saw in the recent dispute between The Telegraph and Sir Philip Green, it is not always possible to prevent the violation of an NDA. However, unless you are under parliamentary privilege, there are a number of steps that individuals and organizations can take to prevent the disclosure of a confidential transaction. In some circumstances, the application of contractual obligations is possible, while in other cases it may be more effective or appropriate to act against a third party who threatens to publish the confidential information. The courts have recognized the importance of proper compliance with contractual obligations from the point of view of public policy, as well as the public interest in respecting obligations of trust. DDNs may also enjoy a person`s rights to a family and private life under Article 8, in which case it may be possible to prevent further disclosure, even in the event of a breach of confidentiality. The back of the hand is the public interest in detecting serious misconduct and preventing the use of gag clauses by the rich and powerful, as well as the freedom of expression referred to in Article 10, which includes the public`s right to receive information. Since it is not possible to guarantee the implementation of an NDA, it is important to take other complementary measures to manage disclosure risks, such as. B the preparation of a joint declaration in advance and the drawing up of an emergency plan.