The law of confidence serves as a powerful mechanism for businesses to protect sensitive data, distinct from contractual protections like NDAs. It is a common law principle that evolves with societal changes, allowing courts to interpret its application based on specific cases. Confidence obligations arise as soon as confidential information is shared, whether explicitly or implicitly, requiring the receiving party to exercise due care to protect the information. This legal tool does not necessitate formal agreements, as detailed communication can establish these obligations.
An obligation of confidence is established as soon as one person discloses information to another, where a reasonable person would understand that the information is not publicly accessible.
Confidence is a legal institution in its own right and independent of contract law, meaning obligations of confidence do not arise from contractual obligations.
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