Chris Buck.
Commercial services solicitor Chris Buck, an associate partner at Franklins Solicitors, delves into the detail of confidentiality and non-disclosure agreements.
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Published in association with
NON-DISCLOSURE agreements are a form of confidentiality agreement used to provide governing terms to protect confidential information.
Commonly, a NDA is entered into by the parties involved at the beginning of a commercial transaction. However, it is possible to enter into a retrospective NDA so long as all parties agree.
Retrospective NDAs occur when confidential information is shared prior to the signing of confidentiality obligations.
Almost all types of information can be classed as confidential information and therefore be subjected to a non-disclosure agreement. While there is no specific definition of what confidential information is, it is not possible to claim that information readily accessible to the public is confidential – therefore, restrictions cannot be placed on it.
A NDA should be entered into as quickly as possible and before disclosing any confidential information within a commercial transaction. Entering into a written agreement is one of the best ways to protect confidential information as a contractual obligation is easier to enforce.
While the implementation of a NDA can become a deterrent to release confidential information, a NDA cannot guarantee that the confidential information will remain confidential. Should any confidential information be released, remedies are available as either a preventative measure or compensation.
If it comes to light that confidential information may be released or used, an injunction can be sought to prevent this. Injunctions are not much use if the information has already been released.
Another form of compensation available is damages. This offers the claimant compensation for the breach. It is calculated by looking at what the information released would have been used for by the claimant and the potential loss of earnings as a result of the information not being used for its intended purpose.
To find out more about putting a NDA in place, contact Chris Buck and his team at Franklins Solicitors on Christopher.buck@franklins-sols.co.uk or call 01908 660966.
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Law firm celebrates promotions to associate partner
MARKETING manager Rosanna Stimson and residential conveyancing solicitor William Jones have been promoted to associate partner at law firm Franklins Solicitors.
The promotions take effect from April 1 and both will join the firm’s senior management team.
Scott Wright, Franklins’ head of conveyancing, said: “William has proven himself as a dedicated and skilled solicitor, providing exceptional service to our clients. His commitment, expertise, and ability to build strong relationships make him an invaluable asset to the firm.”
William joined Franklins in 2016 and qualified in 2021. “Becoming a partner at Franklins is a dream come true and something that means all the more given it is the firm that gave me an opportunity as a junior paralegal and has supported me throughout my career to this moment now,” he said. “It is an extremely proud moment for me personally.”
Rosanna Stimson joined in 2021 and also takes on the role of head of marketing. “I look forward to continuing to build on the success of the firm through our marketing strategy,” she said.
Andrea Smith, head of business services at Franklins, said: “Having directly worked with Rosanna on the firm’s marketing for the last three and a half years, she has consistently demonstrated vision and dedication in driving the firm’s marketing strategy.
“Her innovative approach and deep understanding of the legal landscape will be invaluable as the firm continues to grow and expand our reach. We are confident that she will continue to make significant contributions to the success of our firm and the service we provide to our clients.”
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