For most businesses, protecting their confidential information is of the utmost importance. This is even more the case for those involved in the motorsports industry, where marginal gains are the difference between winning and losing. The pace of technological development places a premium on the skills of those who are able to harness innovation for a competitive advantage. Misappropriation of confidential information by employees, workers or contractors cannot just adversely affect performance; it can have wider reputational harm and regulatory consequences. One only has to consider the Spygate and Stepneygate espionage controversies in the noughties involving alleged misappropriation and misuse of confidential information between the McLaren, Ferrari, and Renault F1 teams and more recently, the case of Force India Formula One Team Limited v 1 Malaysia Racing Team SDN BHD, concerning a claim by Force India against Lotus for misuse of confidential information and copyright infringement to do with specialist aerodynamic designs , to appreciate the consequences of not properly protecting confidential information.
This article by David Mitchell and Thomas Cleeve considers how the law of confidence can protect competitive advantage in the motorsports industry and provides top tips on how those involved in the motorsport industry can best protect such information.
See LawInSport’s website to read in full (behind membership paywall).