Sharing confidential information can be a complex and sensitive matter, and it is important to take steps to protect the information from unauthorised access, use, or disclosure. Some methods to ensure the confidentiality of information include:
Non-Disclosure Agreements (NDAs): Have the recipient sign a legally binding NDA that prohibits them from sharing the information with anyone else. These can be mutual (protecting confidential information exchanged between the parties) or one-way (protecting confidential information provide by one party to another) depending on the commercial reality of the situation.
Practical steps such as: Encryption: Encrypt the information before sharing it, using a secure encryption method such as AES or RSA.
Controlled access: Limit access to the information to only those who need it, and use strong passwords and two-factor authentication to secure the information.
Physical security measures: Store physical copies of the information in a secure location, such as a locked cabinet or safe.
Monitoring: Monitor access to the information and track any changes or disclosures. Where data is shared on a virtual platform, it is possible to be notified of changes made to documents and to recieve a report of any access made or changes to the documents over a defined period of time.
Data minimisation: Only share the minimum amount of information necessary, and keep the rest confidential.
Regular security assessments: Regularly assess the security measures in place to ensure they remain effective and address any vulnerabilities.
Limiting what is shared: as a common sense point, the best and most practical way to ensure that confidential information remains secret is to only tell such information to those people who need to know it and in accordance with data minimisation mentioned above, to only give away what is absolutely necessary for the performance of any obligation.
It is also important to train employees and contractors on the importance of confidentiality and the steps they need to take to protect sensitive information. Additionally, organisations should have a plan in place for responding to potential breaches of confidentiality, such as identifying the source of the breach, assessing the impact, and taking appropriate remedial action.
Containing a confidentiality clause in any contract between the parties is a good way of ensuring that parties are aware of their obligations in relation to confidential information and enables additional obligations to be included as warranties within the contract, such as ensuring that employees and contractors are aware of the obligations and that these apply equally to them.
