My ex-business partner has stolen our customer database. What can I do?

michael-shroot-profile-photo-square.jpg

Dealing with the issue of stolen customer data is a complicated area of law with a myriad of options and avenues to consider.

Michael Shroot, our chief executive officer and a solicitor with specialist expertise in director and contract disputes, offers four practical steps to help retrieve stolen data, claim compensation and avoid it happening in the future.

Establish what information was taken

If you believe that an ex-business partner or director has stolen sensitive data from your business the first thing is to establish exactly what information has been taken, the importance of the information to your business as well as how the information was stored and how it was taken.

This may even require a forensic IT report to be prepared by a specialist, to ascertain this information. This is particularly important if you think the information was taken in a clandestine manner as this may assist in more readily persuading the ex-business partner to return the stolen confidential information. The report may also be valuable in court proceedings if there is a need to take more urgent action.

Check what contracts exist between the parties

It will be essential at this point to also check contracts between the parties to see what protection they offer. Contracts that are properly drafted should readily spell out what business data is considered confidential, how it is considered to be protected and what your ex-business partner is allowed to do from a business point-of-view after he leaves your business. Contractual restrictions for departed employees may include a fixed period that they must not approach your customers or take your customer business to their next employment.

The documents you would be looking for include:

If the ex-business partner was an employee, check the employment contract. If the ex-business partner was a shareholder check the shareholding contracts. If the ex-business partner was a partner of the business, check the partnership deed.

Consider the application of other areas of related law

Aside from the abovementioned contracts you can also consider the application of other areas of relevant law, this may include:

The application of the equitable doctrine – where a person who has received information in confidence cannot take unfair advantage of it and must not use it to the prejudice of the person who gave the information without obtaining consent. Consideration of whether the information is a trade secret, which can be protected not only by the equitable doctrine of confidence but also the Trade Secrets (Enforcement, etc) Regulations 2018 (SI 201/597) (Trade Secret Regulations). Database rights contained in the database regulations and copyright protection. The risk of a breach of the GDPR regulations and what criminal offences may apply.

Consider how to enforce your rights to protect your business

Finally, you will need to consider how to enforce your rights to protect your business and to prevent the use of the confidential information. You may consider taking further action as follows:

Applying to court for an injunction to prevent the ex-business partner using the confidential information and to return it to you. Applying to court for a search order, particularly appropriate in cases of fraud, allowing you to enter the ex-business partner’s premises and to search for, copy and remove, documents or other relevant materials. Depending upon whether matters go to court, and what the ex-business partner has done with the confidential information, it is advisable to take legal advice to seek compensation for the loss and/or an account of profits made by the other party and for recovery of your costs incurred in carrying out this exercise.

Michael Shroot is Woodcock Haworth & Nuttall’s chief executive officer and head of their employment law team. Michael has specific expertise in employment law, shareholder, director and contract disputes. He is a member of the Employment Lawyers Association.

If you need help on such matters, please contact Michael on 0161 761 8087 or by email via [email protected]

{mso-style-name:"Table Normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-parent:""; mso-padding-alt:0cm 5.4pt 0cm 5.4pt; mso-para-margin-top:0cm; mso-para-margin-right:0cm; mso-para-margin-bottom:8.0pt; mso-para-margin-left:0cm; line-height:107%; mso-pagination:widow-orphan; font-size:11.0pt; font-family:"Calibri",sans-serif; mso-ascii-font-family:Calibri; mso-ascii-theme-font:minor-latin; mso-hansi-font-family:Calibri; mso-hansi-theme-font:minor-latin; mso-bidi-font-family:"Times New Roman"; mso-bidi-theme-font:minor-bidi; mso-fareast-language:EN-US;}

Enjoyed this? Read more from Woodcocks Haworth & Nuttall Solicitors

Latest news

1

Minister spells out the county’s mayoral authority opportunities Jimmcmahonofficialportrait03cropped

Minister spells out the county’s mayoral authority opportunities

06 Oct 2026

2

What the zero emission vehicle mandate means for your business Richard Wilson

What the zero emission vehicle mandate means for your business

06 Oct 2026

3

Consultants join Fhunded Angels support team L R James Butcher Rory Southworth Hazel Savage

Consultants join Fhunded Angels support team

06 Oct 2026

4

£10m investment in town centre regeneration launched Php301025burnley 014

£10m investment in town centre regeneration launched

06 Oct 2026

5

Lancashire charges towards electrification ev-charging.jpg

Lancashire charges towards electrification

06 Oct 2026

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
All In One Network
LBV Website Events GraphicAll In One Network 15 Oct 2026

All In One Network

The Leisure Box, Northlight, Glen Way, Brierfield , BB9 5NH

14:00 - 16:00

Sub36 Awards 2026
Sub36 WW Logo720 16 Oct 2026

Sub36 Awards 2026

Park Hall Hotel & Spa, Chorley, PR7 5LP

18:30 - 00:30

LBV131 November/December Magazine Networking Event
LBV131 Magazine Launch Social720No Text 19 Nov 2026

LBV131 November/December Magazine Networking Event

Lancashire

08:30 - 10:30

Lancashire Business Day 2026
LBD26 WW Logo720 27 Nov 2026

Lancashire Business Day 2026

Burnley Football Club, BB10 4BX

12:00 - 17:00

Help to Grow: Management Course
Help To Grow 25 Sep 2026 - 15 Dec 2026

Help to Grow: Management Course

University of Lancashire, Preston, PR1 2HE

09:30 - 12:00

Bay Hospitality Forum
Lancaster And Morecambe Logo 1 06 Oct 2026

Bay Hospitality Forum

Lancaster & Morecambe College, Employer Hub, Lancaster, LA1 2TZ

10:00 - 12:00

Preston Tech Connection: The Tech Resistance
PTC Square Oct 900 X 900.png.png 07 Oct 2026 - 07 Oct 2026

Preston Tech Connection: The Tech Resistance

Society1, 9-10 Cross Street, Preston, PR1 3LT

18:00 - 19:30

What did we get for the spend?
Door4 07 Oct 2026

What did we get for the spend?

Crow Wood Hotel & Spa, Burnley, BB12 0RT

09:00 - 12:00

Clubhouse Business Network sponsored by Orca Finance - October 2026
Club House Padel 08 Oct 2026

Clubhouse Business Network sponsored by Orca Finance - October 2026

Clubhouse, Blackburn, BB1 3NT

14:00 - 16:00

Neurodiversity Awareness and Support Training
Wyqfi3-wowjag-heczop (1).jpg.jpg 09 Oct 2026 - 09 Oct 2026

Neurodiversity Awareness and Support Training

Neuro Spark Training Solutions, Burnley , BB11 2AS

09:00 - 16:00

Seriun Cyber Security Conference
Seriun 15 Oct 2026

Seriun Cyber Security Conference

Turf Moor, Burnley, BB10 4BX.

09:00 - 13:30

The Business Network Central and East Lancashire
Mytton Fold 2 .png.png 15 Oct 2026 - 15 Oct 2026

The Business Network Central and East Lancashire

Mytton Fold, Langho, BB6 8AB

11:30 - 14:15

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV129 Online Graphic
Subscribe now

Weekly news bulletin