Abstract

News that the Cayman Islands has recently repealed the Confidential Relationships Preservation Law (2015 Revision) has, in some quarters, generated many a raised eyebrow. Having operated to protect the confidentiality of certain commercial activities and business dealings taking place in the Cayman Islands for over 40 years, its abolition would suggest, at first glance, significant upheaval in the jurisdiction. However, enacted in its place is the Confidential Information Disclosure Law 2016, a new statute which clarifies and modernises local laws regarding the protection and disclosure of confidential information. As discussed in this article, the aim of the new legislation is to provide for transparency, where warranted, while both reinforcing and developing many of the same important protections available in respect of confidential information under the previous regime and at common law. Its scope and application should be at the forefront of the minds of all trustees with a presence in the Cayman Islands.

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