Recent Developments in Commercial Confidentiality

Media and Arts Law Review, 2010

10 Pages Posted: 16 May 2014

Date Written: 2010

Abstract

This paper will address two European developments relating to commercial confidentiality. The first deals with the overlap or interface between commercial confidentiality and privacy, as illustrated by the European Court of Justice (‘ECJ’) decision in Varec SA v Belgium (‘Varec’), which held that protection of business secrets comes within the scope of Article 8 of the European Convention on Human Rights (‘ECHR’). The second relates to ‘traditional’ breach of confidence principles, in particular the problematical ‘springboard doctrine’, and the attempt by Mr Justice Arnold to clarify this doctrine in Vestergaard Frandsen A/S v Bestnet Europe Ltd (‘Vestergaard’).

Suggested Citation

Aplin, Tanya F., Recent Developments in Commercial Confidentiality (2010). Media and Arts Law Review, 2010. Available at SSRN: https://ssrn.com/abstract=2437009

Tanya F. Aplin (Contact Author)

King's College London ( email )

Dickson Poon School of Law
The Strand
London, WC2R 2LS
United Kingdom
+44 (0)20 7848 1049 (Phone)

HOME PAGE: http://www.kcl.ac.uk/law/people/academic/taplin.aspx

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