By Adam Hugill, Solicitor

The most important asset of any business is confidential and proprietary information.

This can include client and customer databases, marketing strategies, modeling tools, trade secrets and anything else that gives an organisation a competitive edge over its rivals. It is also one of the most difficult assets to protect.

Employees, and in particular, senior employees and directors, often pose the greatest risk to the business they work for as they are privy to confidential and sensitive information from the very outset of their employment. Whether an employee has long service or is a recent newcomer, the employer is always at risk that an employee may defect and use the confidential or proprietary information to gain a competitive advantage. This can include working in competition, poaching clients and/or soliciting key members of staff.