Non-disclosure obligation
A non-disclosure obligation is a legal duty to keep information confidential. It most often arises from a contract such as a non-disclosure agreement, but it can also arise without a contract, for example from a fiduciary relationship or where information is received in circumstances of confidence.
How BC law treats it
Canadian courts recognize breach of confidence where information has the necessary quality of confidence, was imparted in confidence and was misused to the detriment of the person who confided it (Lac Minerals Ltd v International Corona Resources Ltd, [1989] 2 SCR 574).
What it means for your business
Employees, directors and advisers may owe confidentiality duties beyond their written contracts, but a clear written term remains the best protection.
Risks and common mistakes
Assuming an obligation exists without a written agreement can leave key information unprotected when a relationship ends.
For the full explanation, see our entry on Non-disclosure agreement.
General information about British Columbia and Canadian law, current to October 2026. It is not legal advice.
