""With GenAI use on the rise and organizations facing unprecedented cyber risks, what steps will be considered 'reasonable' for the purposes of trade secret protection?" This year saw a world in which many employees had forms of Generative AI (GenAI) at their fingertips, either in the workplace or on their personal devices, and a world in which organizations continued to face unprecedented levels of cyber risk as they continued their digital transformation journeys."
"While data breach litigation is not new and tales of company confidential information being copied and pasted into open GenAI tools have haunted employers for what feels like years, trade secret issues arising from data breaches and GenAI use were not really trending issues in the courts in 2025. Indeed, perhaps surprisingly, equitable and contractual duties of confidence lay at the heart of the few cases involving trade secrets that were considered by the UK courts in 2025,"
Many employees had Generative AI (GenAI) tools available at work or on personal devices while organizations faced unprecedented cyber risk during digital transformation. Incidents of confidential information being pasted into open GenAI tools have alarmed employers, and data breach litigation continues. Trade secret issues arising from data breaches and GenAI use were not major trends in the UK courts in 2025. Equitable and contractual duties of confidence were central to the few 2025 UK trade secret cases, with directors coming under particular scrutiny. Courts continued to grapple with identifying and particularizing the confidential information at issue. In the UK, trade secret claims often intertwine contractual and equitable breaches of confidence alongside the Trade Secrets (Enforcement, etc.) Regulations 2018.
Read at IPWatchdog.com | Patents & Intellectual Property Law
Unable to calculate read time
Collection
[
|
...
]