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

Inspired plc acquired by HGGC Inspired logo

Inspired plc acquired by HGGC

19 Aug 2025

2

Lancashire uniform provider acquired in £12.5m deal Trutex images

Lancashire uniform provider acquired in £12.5m deal

19 Aug 2025

3

Burnley aircraft firm sees profits soar Safran Nacelles

Burnley aircraft firm sees profits soar

19 Aug 2025

4

Lancashire marina bought by Aquavista Fettlers Wharf Marina

Lancashire marina bought by Aquavista

18 Aug 2025

5

Work starts on new business units at Enterprise Zone Danny Pinkus Cllr Mark Smith and Robert Pinkus at Phase Two Of Enterprise Court

Work starts on new business units at Enterprise Zone

15 Aug 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
Sub36 Networking - Follow the signs
Sub36 Deaf Village Social1200
Networking
17 Sep 2025

Sub36 Networking - Follow the signs

The Deaf Village, Blackburn, BB2 5EN

10:00 - 12:00

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

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

The Business Network Central & East Lancashire
LBV Header (24).png.png
LBV Hub Networking
21 Aug 2025 - 21 Aug 2025

The Business Network Central & East Lancashire

Mytton Fold, Langho, BB6 8AB

11:30 - 14:15

Morecambe Bay Walk
Walk.jpg.jpg
LBV Hub Awards
30 Aug 2025 - 30 Aug 2025

Morecambe Bay Walk

Arnside, CARNFORTH, LA5

09:30 - 14:00

Tri-Site Survey Equipment Showcase
Linkedin Cover.jpg.jpg
LBV Hub Seminars
03 Sep 2025 - 03 Sep 2025

Tri-Site Survey Equipment Showcase

Harewood House , Leeds, LS17 9LG

09:30 - 16:00

Longridge Soap Box Derby
Screenshot 2025-06-10 090035.png.png
LBV Hub Fundraisers
14 Sep 2025 - 14 Sep 2025

Longridge Soap Box Derby

Berry Lane, Longridge, PR3 3WH

10:00 - 16:30

Preston Tech Connection - The Ultimate Tech Quiz!
Preston Tech Connection Sept 25.png.png
LBV Hub Networking
16 Sep 2025 - 16 Sep 2025

Preston Tech Connection - The Ultimate Tech Quiz!

Society1, Coworking Space, Preston, PR1 3LT

18:00 - 19:00

Cumbria Business Expo 2025
https---cdn.evbuc.com-images-880461633-4862066883-1-original.20241022-110415.jpeg.jpg
LBV Hub Exhibitions
19 Sep 2025 - 19 Sep 2025

Cumbria Business Expo 2025

Carlisle Racecourse, Carlisle, CA2 4TS

09:00 - 15:00

Preston Freelancer Meet-Up: September
Sept Freelancer (1).png.png
LBV Hub Networking
23 Sep 2025 - 23 Sep 2025

Preston Freelancer Meet-Up: September

Society1, Coworking Space, Preston, PR1 3LT

10:00 - 11:30

Speed Networking with BNI
2.png.png
LBV Hub Networking
24 Sep 2025 - 24 Sep 2025

Speed Networking with BNI

Chorley Football Club, Chorley, PR7 3DU

16:00 - 19:00

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

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 LBV 123 Online Graphic
Subscribe now

Weekly news bulletin