Trade Secrets and Privacy
Lawbook Co., AUSTRALIA
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Trade Secrets and Privacy
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Trade Secrets and Privacy provides essential guidance through the entire spectrum of the law regarding personal, institutional and corporate privacy, helping you better protect commercially sensitive, and private and personal information.
Constantly emerging technology offers opportunities and risks for businesses and individuals. In this complex and dynamic arena, Trade Secrets and Privacy provides solicitors, barristers, government and in-house lawyers with a thorough understanding of the underlying principles of two linked and rapidly evolving areas of law. Where the legal framework can be comparatively slow to provide specific responses to digital developments, a clear grasp of legal principles and practice equips you to make informed decisions in developing strategies for safeguarding and defending against breaches of confidence.
This major new work provides comprehensive coverage of breach of confidence, privacy and data protection. Authored by Robert Dean and Gordon Hughes with Ashurst, Trade Secrets and Privacy is built upon Robert Dean's seminal and highly regarded work on trade secrets. The work's updated analysis, based on extensive practice experience, will assist lawyers to advise in a complicated area subject to change.
Essential guidance improves protection
- Draft and use restraint of trade clauses in employment contract more effectively to protect employers' trade secrets, knowhow and good will
- Understand and use the network of protection provided by breach of confidence, contract, torts, and legislation for confidential information and commercial secrets
- Navigate rights and liabilities across a wide range of commercial relationships and situations
- Use all means available to protect personal private information and a person's privacy, based on the principles of breach of confidence, torts and legislation (including workplace surveillance across the States and telecommunications interception legislation)
- Understand difficult areas important in practice, like privacy and the internet (social networking, emails etc), the media, and government generated information, including rights and liabilities with respect to compulsory acquired information
- Understand the international context, increasingly important as national barriers are challenged by technology and business.
Practical tools offer support
- Quick reference guides at the start of each tab card overview the applicable principles and law
- Progressively annotated privacy legislation includes annotated Australian Privacy Principles, with "law in force functionality" and case law references - legislation connected to FirstPoint and Thomson Reuters law reports [subject to separate subscription].
- Precedents for Anton Pillar orders, statements of claim, confidentiality agreements, restraint of trade agreements and discovery orders drafted to protect confidential information
- Case finding tables organised by subject matter for quick and easy reference set out all major Anton Pillar cases (including cases concerning the misuse of commercial secret information) and all cases concerning personal privacy.
Detailed guidance and examples regarding drafting of restraint of trade clauses and confidentiality agreements are available in the ACP Restraint and Confidentiality Precedents service, also authored by Robert Dean.
The authors are published, well-known experts in trade secrets, privacy and data protection:
This service expands upon Robert Dean's The Law of Trade Secrets and Personal Secrets, a work frequently referred to by the superior Courts across Australia as the authority on trade secrets, and nominated by the Australia Law Journal as one of the 10 best reading texts ever written in Australia
Partner with Ashurst and one of the updating Ashurst authors on the service, Gordon is also author of the book Data Protection and co-author of the Computer Contracts: Principles and Precedents service.
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Table of Contents
2 Definitions and jurisdiction
3 Breach of confidence
4 Fiduciary duty
5 Economic torts and trade secrets
6 Employee inventors
7 Third parties
8 Defence of public interest
10 Restraint of trade
11 Software and data protection
Volume 2 - Privacy
Part A - Privacy
Part B - Data protection
Overseas data protection legislation
Australian legislation (including the annotated Australian Privacy Principles).