Confidentiality—a guide for in-house banking and finance lawyers


Published by a ³ÉÈËÓ°Òô Banking & Finance expert
Practice notes
In-house

Confidentiality—a guide for in-house banking and finance lawyers


Published by a ³ÉÈËÓ°Òô Banking & Finance expert

Practice notes
In-house
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This Practice Note explains the concept of Confidentiality from the perspective of an in-house lawyer. It is written for banking and finance lawyers working in banks or other financial institutions. It highlights where issues of confidentiality may arise for in-house banking and finance lawyers and practical steps which can be taken to deal with these.

What is confidentiality?

Obligations of confidentiality can arise in many different ways and contexts. This Practice Note focuses on areas where confidentiality can arise when working in-house in the context of banking and finance transactions. It does not deal with lawyers' (and other professionals') professional duties of confidentiality.

Legal obligations of confidentiality can arise from the following:

  1. •

    Common law (including the Banker's duty of confidentiality)

  2. •

    contractual obligations, and

  3. •

    statutory protections

If a breach of confidentiality is proved, an injunction (temporary or permanent), damages or an account of profits may be ordered, and also the destruction or delivery up of any physical evidence of the information.

Common law obligations of confidentiality

There is an established jurisdiction in equity

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Confidentiality definition
What does Confidentiality mean?

Duty imposed in conduct whereby an individual and firm must keep clients' matters confidential.

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