Problem Solver

Q: My business deals with confidential information. What can I do to protect it?

"The first thing you can do is prepare a confidentiality policy for the office," says William M. Powell of Powell Law Offices, a former attorney for the City of Cape Coral, who now specializes in medical malpractice litigation. "You can have employees sign it when they are hired, or if you just created the policy, have [existing employees] sign it as an acknowledgment that if the confidentiality is not kept, [their employment] would be terminated."

The Uniform Trade Secrets Act protects business information including procedures, techniques or processes that are used for obtaining and keeping clients, and can be used as part of your company’s policy.

"Under that section, you define what your business confidentiality requirements are with respect to communication with clients, taking client information and taking materials from the office," he says.

A noncompete agreement, generally known as a way to protect a business, can also be used to protect client information—and should be signed by all employees.

Other ways to protect confidential information at your business can be as simple as meeting new clients with a clear desk. "This should be practiced in all work areas where clients or prospective clients travel through or walk by," Powell adds.

Practicing confidentiality in the office provides clients with greater confidence in the firm and gives them peace of mind that their name, information and business issues will not be inadvertently discovered by any other clients of the firm.