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A court has thrown out a breach of confidentiality claim by an IT company against its service provider.
Qgen Ltd had taken its grievances before an arbitration tribunal, claiming that Aqubix Ltd had breached the strict confidentiality clause of a support and maintenance agreement binding the two companies.
Qgen Ltd had engaged Aqubix to provide support services in relation to existing software, referred to a QCHECK1, designed to assist in inputting clients’ data for due diligence purposes.
When the signed agreement expired, the working relationship between contractor and service provider continued on a good faith basis.
Some years later, Qgen Ltd requested Aqubix Ltd to develop new software, later referred to as QCHECK2, that would better allow it to process data inputted by corporate rather than personal clients.