Jurisdiction(s):
United Kingdom

Key definition

Confidential information definition

What does Confidential information mean? In legal practice, confidential information is information not in the public domain that is protected because it was given in confidence or because disclosure is prohibited by statute or court order. It underpins duties in NDAs, employment and trade secrets protection, and is enforced through the common law of breach of confidence, typically by injunctions and damages. For local authorities in England and Wales, section 100A(3) of the Local Government Act 1972 defines confidential information for council meetings and papers as: information supplied by a government department on terms forbidding public disclosure; and information whose public disclosure is prohibited by...

Acting with material confidential information and adverse client interests: SRA duties, burden of proof, Bolkiah principles and safeguards (England and Wales)

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Practice notes

Safeguarding confidential information sits at the heart of your client relationship, both as a legal obligation and a matter of professional conduct. That obligation does not lapse when the retainer ends and continues even after a client’s death.

When deciding if you may act where confidentiality is engaged, weigh four core questions:

what counts as material confidential information
what constitutes an adverse interest
what the common law recognises as effective safeguards
what amounts to informed consent

This Practice Note addresses material confidential information and adverse interests. For the remaining topics, consult Practice Notes: Informed consent—law firm confidentiality and Safeguards and information barriers.

The duty of confidentiality—SRA requirements

You must preserve the confidentiality of clients’ affairs unless:

disclosure is required or permitted by law, or
the client consents

For wider guidance on the general duty and on how confidentiality interacts with client conflicts under the SRA Standards and Regulations, see Practice Note: Duties of confidentiality and disclosure...

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Web page updated on 21/05/2026

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