Restricting the use of former client's company name, and contacting associates
Since the end of a former sub-contract, I've been working on a new venture, and recently emailed my known contacts to advise them of this & invite subscription to my newsletter. I started by reminding them we had previously met through my work at XYZ Co. on ABC project.
XYZ's solicitors have contacted me accusing me of breaching confidentiality, and requesting I do not contact their former associates without XYZ's approval, delete my contacts' email addresses and do not use XYZ Co or ABC project name at all without prior approval. My research suggests this is restraint of trade, and that I have not breached any laws.
Whether or not XYZ are able to stop you contacting people will mainly depend on the sub-contract you previously held with XYZ. The sub-contract may contain a clause which prevents you from using or disclosing information (including contact details) that you obtained during the course of carrying out the sub-contract other than for the purposes of the ABC project. A restraint of trade clause (including in the form of a confidentiality clause) can be included in a contract as long as it is reasonable.
Suggested way forward
Ask a lawyer to have a look at the sub-contract for the ABC project, and provide you with some initial advice about whether it contains a confidentiality clause, and whether or not it is reasonable in the context of the sub-contract.
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