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Confidentiality Rings: The Tech Behind the Privacy

Uncover the technology powering confidentiality rings, how they safeguard privacy during legal cases and how TrialView facilitates this compliance.

Articles
TrialView

September 28, 2023

Table of Contents

Confidentiality rings are an increasingly demanding aspects of modern litigation, especially in competition damages cases, requiring a delicate balance between procedural transparency and the robust protection of sensitive commercial information. Confidentiality rings are court-approved mechanisms that create tiered access to documents and have emerged as the essential tool for achieving this balance.

Running parallel to the increasing complexity of confidentiality rings is the use of technology by law firms allowing the practical management of these rings to evolve from a logistical task into a strategic imperative.

What are Confidentiality Rings?

A confidentiality ring is an arrangement between parties to a dispute designed to protect sensitive / confidential information. The aim of these rings are to  “protect both the legitimate interests of the party seeking disclosure to ensure that all relevant materials potentially influential on the result of the case are before the court and, to the extent that it may be proportionate, the legitimate interests of the confidence asserted”

The Competition Appeal Tribunal (CAT) states that sensitive information can be described as “information the disclosure of which would…be contrary to the public interest; commercial information the disclosure of which would or might…significantly harm the legitimate business interests of the undertaking to which it relates; or information relating to the private affairs of an individual the disclosure of which would or might… significantly harm his or her interests”

The significance of these mechanisms is only growing. As the volume of electronic evidence expands, courts are increasingly relying on structured confidentiality regimes to ensure fair process without compromising business-critical information. This shift demands that legal teams move beyond cumbersome physical data rooms and adopt dynamic digital solutions that can enforce court orders with absolute reliability.

TrialView’s software is specifically designed to facilitate compliance with Confidentiality Orders or Undertakings, whilst providing access to all registered users in a single, combined workspace.

How does it work?

  • Strict Access Control: Sensitive information is securely contained within a designated inner ring (or multiple, distinct rings). Access is never broad; it is meticulously limited to pre-authorised individuals only, such as external QCs and specific experts, ensuring full compliance with court orders.
  • Role & Team-Based Permissions: The TrialView platform allocates users into clearly defined teams and assigns them specific roles (e.g., "Inner Ring Counsel," "Expert Witness"). Each role is precisely aligned to a level of privilege, creating a transparent and auditable digital hierarchy that mirrors the legal confidentiality structure.
  • Dynamic Document Versioning: Specialised controls ensure a user only ever sees the specific version of a document they are entitled to. A single document can exist in multiple states (e.g., unredacted, redacted) within the same workspace, and the system intelligently delivers the correct one to each user, eliminating the risk of human error.
  • Segmented Evidence Presentation: During hearings, the evidence presentation module is designed so that different users can view different versions of the same document simultaneously. This allows, for instance, a judge to see an unredacted version while opposing counsel views a redacted version, all within a single, seamless proceeding.
  • Robust Version Control: The platform maintains rigorous version control to ensure absolute consistency in pagination, structure, and tabbing across all document sets. This prevents confusion and ensures all parties, regardless of their access level, can refer to materials accurately during a hearing.
  • Automated Watermarking & Audit Trails: All exports and digital bundles are automatically stamped with dynamic watermarks that clearly display the correct confidentiality designation (e.g., "Confidential - Inner Ring"). This provides a powerful deterrent against unauthorised sharing and creates a verifiable audit trail for compliance

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