Jurisdiction(s):
United Kingdom

NDAs, public domain carve-outs and trade secrets: Illiquidx v Altana [2025] EWHC 299 (Ch)—misuse established; confidentiality preserved despite limited disclosures; copyright infringement not proved (England and Wales)

Published on: 14 May 2025

Published by a LexisNexis Information Law expert

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Article summary

Illiquidx Ltd v Altana Wealth Ltd and others [2025] EWHC 299 (Ch) What are the practical implications of this case?

This decision highlights the need for precise, clear definitions and clauses in NDAs, especially concerning the boundaries of confidential information and what falls within the public domain.

Equally, spelling out permitted disclosures reduces uncertainty; providing information to third parties does not, on its own, render it public or remove its confidentiality. The court will evaluate disclosures on their individual facts, with the key consideration being how far the veil of secrecy still remains.

It is also prudent to set out contractually how confidential information will be handled if a commercial relationship ends or breaks down unexpectedly. Measures might include requiring confidential information (and any materials that contain it) to be returned, deleted, or destroyed.

For trade secret protection, the absence of an NDA does not automatically mean the obligation to take reasonable steps to keep material secret is unmet. The court will assess the context and look for evidence of an intention to protect the information, for example by marking documents as confidential. This is particularly the case...

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