What should I do if a competitor is using our confidential information?
By SuLe · Updated 20 June 2026
You may have several claims — breach of confidence, trade secrets law, and contract claims under any NDA or employment terms — but the first move is to preserve the evidence, because these cases turn on proof and speed. Injunctions to stop a competitor, including "springboard" injunctions, depend on acting quickly; delay undermines them.
Key facts
- Breach of confidence protects information with the necessary quality of confidence, shared under an obligation of confidence, then misused.
- The Trade Secrets (Enforcement, etc.) Regulations 2018 give additional protection for qualifying trade secrets.
- NDAs and employment terms provide contract claims; copied data or code can also engage database right and copyright.
- Courts can grant "springboard" injunctions to strip a competitor of the head start gained from misuse.
- Evidence preservation comes first, and delay undermines injunctions — so speed matters enormously.
What legal weapons do I actually have?
Several, often used together. The core claim is breach of confidence: to succeed you generally need information that has the necessary quality of confidence, that was shared under an obligation to keep it confidential, and that has been used without authorisation (the elements drawn from Coco v A N Clark).
On top of that, the Trade Secrets (Enforcement, etc.) Regulations 2018 add protection for information that qualifies as a trade secret. And if there is an NDA or an employment contract with confidentiality terms, you also have straightforward contract claims.
Where actual data or source code was taken, database right and copyright can come into play too. The right combination depends entirely on what was taken, by whom, and how.
Can I get a court to stop them?
Potentially, yes — and the most powerful remedy here is an injunction. Beyond ordering the competitor to stop using your information, courts can grant a "springboard" injunction that removes the unfair head start they gained by misusing it, putting them back where they would have been.
But injunctions reward speed and punish delay. The longer you wait after discovering the misuse, the weaker your case for urgent relief — a court may ask why, if it was so serious, you did not act sooner.
That is why the sequence matters: preserve evidence, take advice, and move fast. Confronting the competitor prematurely, or sitting on the problem, both work against you.
Can an ex-employee use what they learned?
Partly — and this is where founders often misjudge the law. An ex-employee's general skill, knowledge and experience goes with them when they leave, and you cannot stop them using it (the principle in Faccenda Chicken).
After employment ends, they are restrained only from using genuine trade secrets and by whatever enforceable restrictive covenants their contract contains. There is no free-floating right to stop a former employee competing with know-how they built up honestly.
This is precisely why confidentiality clauses, well-drafted restrictive covenants and NDAs have to be in place before someone leaves. Trying to impose them after the fact rarely works.
What should I do right now?
Preserve the evidence before anything else. Gather emails, files, access and download logs, version histories and a clear timeline of who had access to what and when. This proof is the foundation of every claim above.
Do not delete, and do not tip off the competitor with an angry message that lets them cover their tracks. Get advice quickly, while an injunction is still realistically available.
Then work out which claims fit the facts and whether urgent relief is worth pursuing. A measured, evidence-led approach beats a fast public confrontation that spooks the other side and weakens your hand.
| Claim / tool | Protects against | Key point |
|---|---|---|
| Breach of confidence | Misuse of confidential information | Needs the Coco v A N Clark elements |
| Trade Secrets Regulations 2018 | Misappropriation of trade secrets | Adds a statutory layer of protection |
| NDA / employment terms | Contractual breaches | Only as strong as the drafting |
| Copyright / database right | Copied code or data | Applies where material was taken |
| Springboard injunction | Unfair head start from misuse | Depends on acting fast |
Worked example
Ravi's logistics startup discovers that a former CTO, now at a rival, appears to be using the customer list and pricing model he had access to before leaving. Ravi's instinct is to email the rival immediately.
Instead, he preserves the evidence first: access logs showing what the ex-CTO downloaded, the timeline of his departure, and the confidentiality and restrictive-covenant clauses in his old contract. With that in hand, advice confirms a strong breach-of-confidence and contract case, and Ravi moves quickly for a springboard injunction to neutralise the rival's head start. His general management experience the ex-CTO can keep — but the specific confidential customer and pricing data he cannot.
Where founders go wrong
Waiting too long to act
— delay is fatal to injunctions, so speed after discovery is everything.Confronting the competitor before preserving evidence
— an early tip-off lets them cover tracks and destroys your proof.Assuming you can stop an ex-employee competing at all
— only trade secrets and enforceable covenants restrain them, not general skill.Having no covenants or NDAs in place
— these must be signed before people leave, not scrambled together afterwards.
Related questions
What claims can I bring if a competitor uses our confidential information?
Potentially breach of confidence, claims under the Trade Secrets (Enforcement, etc.) Regulations 2018, and contract claims under any NDA or employment terms. Where data or code was copied, database right and copyright may also apply. The right mix depends on what was taken and how. [More: What can I do if someone copies my product or brand?]
Can I get an injunction to stop them?
Sometimes — including a 'springboard' injunction that strips a competitor of the head start they gained from misusing your information. But courts expect speed: delay in applying seriously undermines your chances, so act quickly and preserve evidence first.
Can an ex-employee use what they learned working for me?
Their general skill, knowledge and experience goes with them and can't be locked down. After employment ends, they're only restrained from using genuine trade secrets and whatever enforceable restrictive covenants say. That's why covenants and NDAs must be in place before people leave. [More: Are non-compete clauses enforceable in the UK?]
What should I do first?
Preserve the evidence — emails, files, access logs, timelines — before doing anything else. Confidential-information cases are won or lost on proof and speed, and injunctions depend on acting fast, so document what happened and get advice quickly rather than confronting the competitor blind. [More: How should I handle a legal letter or threat against my startup?]
Confidential-information disputes are won in the first few days — on evidence preserved and speed of action — long before anyone reaches a courtroom. A SuLe solicitor can help you lock down the proof, work out which claims fit, and move for an injunction while one is still available. Book a free consultation about your situation.
Keep reading: How should I handle a legal letter or threat against my startup? · What can I do if someone copies my product or brand? · Are NDAs enforceable in the UK — and are they worth it? · Are non-compete clauses enforceable in the UK? · Who owns the IP my employees and contractors create?
Primary sources: GOV.UK — Make a court claim for money · Trade Secrets (Enforcement, etc.) Regulations 2018 · Coco v A N Clark (Engineers) Ltd [1969]
