# Breach of confidence and trade secrets

> **Key takeaway:** Confidence: confidential info + circumstances of confidence + misuse (Coco). Trade Secrets Regs 2018 for statutory route. Faccenda on ex-employee limits. Injunctions/springboard common. Public interest limited defence.

- **Jurisdiction:** England & Wales
- **Practice area:** Commercial
- **Last reviewed:** 2026-08-04
- **Interactive page:** https://kttclegal.info/library/notes/Commercial/breach-of-confidence-trade-secrets
- **Keywords:** breach of confidence, trade secrets, Coco v Clark, Faccenda Chicken, confidential information, springboard injunction, NDA, Trade Secrets Regulations 2018

## What is this about?

Confidential information is protected by the equitable action for breach of confidence and, for trade secrets, the Trade Secrets (Enforcement, etc.) Regulations 2018. Employment exits, joint ventures, and cyber-leaks are common contexts.

## What is the core rule?

Classic confidence requires: (1) information of a confidential nature; (2) imparted in circumstances importing an obligation of confidence; (3) unauthorised use or disclosure to the detriment of the rights-holder (Coco v Clark; AG v Guardian (Spycatcher) principles). Trade secrets regulations provide a statutory definition and remedies aligned with the EU Trade Secrets Directive heritage. Springboard relief and interim injunctions are frequent. Public interest may justify disclosure in limited cases.

## What are the elements or test?

1. Is the information confidential / a trade secret (not public domain)?
2. Obligation: contractual, equitable, or employment fidelity?
3. Misuse or threatened misuse?
4. Remedies: injunction, damages, delivery up, springboard?
5. Public interest / whistleblowing interface?

## Which authorities matter?

- **Coco v A N Clark (Engineers) Ltd [1969] RPC 41** — Classic three-element framework for breach of confidence.
- **Attorney-General v Guardian Newspapers Ltd (No 2) [1990] 1 AC 109 (Spycatcher)** — House of Lords on confidence, public domain, and public interest themes.
- **Trade Secrets (Enforcement, etc.) Regulations 2018** — Statutory trade secrets regime and remedies.
- **Faccenda Chicken Ltd v Fowler [1987] Ch 117** — Employment context: trade secrets vs general skill and knowledge after employment ends.

## How does this apply in practice?

Express confidentiality clauses and garden leave interact with equitable duties. Pair with restrictive covenants and data protection notes. Whistleblowing/PIDA may justify some disclosures.

## What are common pitfalls?

- Trying to protect mere employee skill and knowledge as a trade secret
- Over-wide confidentiality clauses of doubtful enforceability
- Delay destroying interim injunction prospects
- Ignoring information already in the public domain

## When would a practitioner use this?

Team-move litigation; protecting customer lists and technical know-how; NDAs.

## Quick reference

Confidence: confidential info + circumstances of confidence + misuse (Coco). Trade Secrets Regs 2018 for statutory route. Faccenda on ex-employee limits. Injunctions/springboard common. Public interest limited defence.

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*Reference material from [KTTC Legal](https://kttclegal.info/), not legal advice. Work product supports instructing solicitors and barristers under their supervision. England & Wales.*