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

New India branch campus on the horizon for Lancaster University Keir Starmer meets Indian PM and included Prof Simon Guy Lancaster University. Pic Simon Dawson

New India branch campus on the horizon for Lancaster University

09 Oct 2025

2

Best events and talented students complete finalists list for Lancashire Tourism Awards 2026 Best Events and Talented students on Lancashire Tourism Awards finalist list

Best events and talented students complete finalists list for Lancashire Tourism Awards 2026

09 Oct 2025

3

East Lancashire Learning Group named UK digital transformation leader in CIO 100 Awards Andrew Dewhurst with the award win

East Lancashire Learning Group named UK digital transformation leader in CIO 100 Awards

09 Oct 2025

4

PHX Training appoints new business leader in Blackpool Jason Davenport PHX Training

PHX Training appoints new business leader in Blackpool

09 Oct 2025

5

Velocity seals Airbus extension worth up to $54m Velocity Composites Has Announced Its Entry Into The Us Market

Velocity seals Airbus extension worth up to $54m

08 Oct 2025

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
CMI Level 5 Management and Leadership Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Management and Leadership Course

Preston Campus, Preston , PR1 2HE

09:00 - 17:00

CMI Level 5 Project Management Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Project Management Course

Preston Campus, Preston, PR1 2HE

08:00 - 17:00

Help to grow management course
Help to grow - barriers to growth.png.png
LBV Hub Seminars
26 Sep 2025 - 16 Dec 2025

Help to grow management course

Preston Campus , Preston , PR1 2HE

09:00 - 15:00

Advantage: AI – A Workshop for Business Leaders – Oct 10th
Ai 10.10.png.png
LBV Hub Seminars
10 Oct 2025 - 10 Oct 2025

Advantage: AI – A Workshop for Business Leaders – Oct 10th

Door4 Office, Burnley Wharf, Burnley, BB11 1JG

09:00 - 12:00

Unlocking major project opportunities in the North West
Lancs-cham-logo.jpg.jpg
LBV Hub Seminars
15 Oct 2025 - 15 Oct 2025

Unlocking major project opportunities in the North West

Strathmore Hotel, Morecambe, LA4 5AP

08:00 - 10:00

The New Employee Rights Landscape: Day One Compliance Essentials
EventBrite NORi - 15th Oct 2025 Webinar.png.png
LBV Hub Webinar
15 Oct 2025 - 15 Oct 2025

The New Employee Rights Landscape: Day One Compliance Essentials

Microsoft Teams, Microsoft Teams, PR253XH

13:30 - 15:00

The Autumn Re set - pour me a wine
LBV Advert_Autumn Reset 1200 x 630px.png.png
LBV Hub Networking
16 Oct 2025 - 16 Oct 2025

The Autumn Re set - pour me a wine

The Artistry House , Preston , PR1 3JJ

17:30 - 19:30

The Business Network Central & East Lancashire
LBV Header (26).png.png
LBV Hub Networking
16 Oct 2025 - 16 Oct 2025

The Business Network Central & East Lancashire

Stanley House, Blackburn, BB2 7NP

11:30 - 14:15

October Freelancer Meet-Up
LBV Hub Networking
16 Oct 2025 - 16 Oct 2025

October Freelancer Meet-Up

Society1, Coworking Space, Preston, PR1 3LT

10:00 - 11:30

Women scaling up Blackpool Fylde and Wyre
LBV Hub Seminars
22 Oct 2025 - 09 Jan 2026

Women scaling up Blackpool Fylde and Wyre

The Small Business Academy, Blackpool, FY4 5JX

09:30 - 15:30

HR Essentials for pubs, bars and licensed venues
EventBrite NORi - 22nd Oct Webinar.png.png
LBV Hub Webinar
22 Oct 2025 - 22 Oct 2025

HR Essentials for pubs, bars and licensed venues

Online - Teams, Leyland, PR253XH

13:30 - 15:00

RISE - Lancashire's unique leadership programme for women
thumbnail_Emma Weston Illustration WENDY BOWERS RISE Illustrstion.jpg.jpg
LBV Hub Seminars
22 Oct 2025 - 18 Mar 2026

RISE - Lancashire's unique leadership programme for women

East Lancashire Chamber of Commerce, Clayton le Moors, BB5 5JR

09:30 - 15:30

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 LBV124 Online Graphic
Subscribe now

Weekly news bulletin