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

Burnley business leaders lobby government in Parliament Burnley Bondholders visit to Westminster

Burnley business leaders lobby government in Parliament

13 Feb 2026

2

Students learn about opportunities at third annual Lancashire Cyber Education Week Primary School students take part in a STEM workshop at BAE Systems.

Students learn about opportunities at third annual Lancashire Cyber Education Week

13 Feb 2026

3

Winners of Lancashire Tourism Awards 2026 announced

Winners of Lancashire Tourism Awards 2026 announced

12 Feb 2026

4

Design team appointed for £13.2m Samlesbury Innovation Hub The team looking at plans for the Samlesbury Innovation Hub

Design team appointed for £13.2m Samlesbury Innovation Hub

12 Feb 2026

5

New chair for Lancaster University’s Engineering Industry Advisory Board Andy Davy

New chair for Lancaster University’s Engineering Industry Advisory Board

11 Feb 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
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

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

The Ultimate Network – February
Logo.jpg.jpg
LBV Hub Networking
19 Feb 2026 - 19 Feb 2026

The Ultimate Network – February

Brockholes Nature Reserve, Samlesbury, PR5 0AG

16:00 - 18:00

Future Forward Business and Skills Summit
Future Forward Business & Skills Summit
LBV Hub Networking
20 Feb 2026

Future Forward Business and Skills Summit

Lancashire Energy HQ , Blackpool, FY4 2QS

08:00 - 11:00

Armed Forces Covenant Business Engagement
Logo.jpg.jpg
LBV Hub Seminars
24 Feb 2026 - 24 Feb 2026

Armed Forces Covenant Business Engagement

Morecambe Football Club, Morecambe, LA4 4TB

09:00 - 15:00

Preston Freelancer Meet-Up: February
LBV Hub Networking
26 Feb 2026 - 26 Feb 2026

Preston Freelancer Meet-Up: February

Society1, Coworking Space, Preston, PR1 3LT

10:00 - 12:00

Lancashire Lifesavers
Logo.jpg.jpg
LBV Hub Networking
03 Mar 2026 - 03 Mar 2026

Lancashire Lifesavers

The Story, Lancaster, LA1 1TH

10:15 - 11:15

Spring Forecast 2026 LIVE: Insights with PM+M
Spring Forecas.jpg.jpg
LBV Hub Seminars
03 Mar 2026 - 03 Mar 2026

Spring Forecast 2026 LIVE: Insights with PM+M

Blackburn Rovers Football Club (Red Rose Suite), Ewood Park, Blackburn , BB2 4JF

12:00 - 15:00

Chamber Breakfast Networking – March
Logo.jpg.jpg
LBV Hub Networking
03 Mar 2026 - 03 Mar 2026

Chamber Breakfast Networking – March

The Storey, Lancaster, LA1 1TH

08:00 - 10:00

Your marketing measurement is useless
Event header.png.png
LBV Hub Seminars
04 Mar 2026 - 04 Mar 2026

Your marketing measurement is useless

Brockholes Nature Reserve, Preston, PR5 0AG

09:00 - 12:00

Tech without the turmoil: How Finance Leaders can drive smarter digital decisions
MHA-BTI Logo_black (002).jpg.jpg
LBV Hub Networking
05 Mar 2026 - 27 Dec 2025

Tech without the turmoil: How Finance Leaders can drive smarter digital decisions

Farington Lodge Hotel, Stanifield Lane, Farington, Preston, PR25 4QR

08:00 - 10:00

Payroll Update 2026 Samlesbury Hall
payroll.jpg.jpg
LBV Hub Seminars
06 Mar 2026 - 06 Mar 2026

Payroll Update 2026 Samlesbury Hall

Samlesbury Hall, Preston, PR5 0UP

08:00 - 10:00

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