How to handle confidential information

An elephant never forgets & nor does the internet once some information is leaked online

Nobody wants their business secrets getting shared. This can happen broadly online or directly to a particular competitor. Both can be very damaging for the business.

In fashion businesses, confidential information will often include strategy, factory connections, manufacturing processes or new designs (i.e. intellectual property rights).

Remember that if a design has been shared online or registered with an intellectual property office, it is now public and consequently not confidential. Up until that point, it is very important to keep information secret.

How to make sure no one misuses confidential information

A good way to do this is to include a clause in any letters or non-disclosure agreements which:

1. Identifies the confidential information

2. Sets out what the people who are getting the information are able to do with it

3. Sets out what security requirements should be followed in order to keep the information secret

4. Makes it clear that anyone with access to the information is also bound by the obligations of confidentiality

5. Provides for communication to lawyers, accountants or administrative authorities in limited circumstances.

6. Sets out how long the confidentiality obligations apply.

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