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Suppose party A has contractual obligations to party B for maintaining confidentiality, and party A obtains equipment or services from party C, a vendor who is aware that their customers in general have such confidentiality obligations, and/or specifically that customer A does.

Now party C goes and makes alterations to the equipment or service in ways that cause it to surreptitiously record information passing through it in ways that prevent party A from honoring their confidentiality obligation to party B.

Does party A have a cause of action against party C (as tortious interference or otherwise) for doing this?

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    Did the contract between A and C mention confidentiality? If A is halfway professional, it should, but it may be missing. Also, are the records kept at A or at C?
    – o.m.
    Commented Jun 8 at 15:24
  • I'm thinking of a product or service that is mass marketed to businessman and that comes with a ToS, EULA, or similar where C is mostly trying to CYA (and A isn't in a position to negotiate terms), but has clearly advertised their product/service as suitable for businesses with confidentiality obligations.
    – R.. GitHub STOP HELPING ICE
    Commented Jun 8 at 18:34
  • So for instance A is using a server operating system from C (A having purchased a license), and suddenly the next release sends "malware scan" data to a server rather than checking on site? What did the release notes say, and did A read them? Did A have an option not to install that release?
    – o.m.
    Commented Jun 9 at 3:43
  • As long as C has properly communicated the product modification and changed its terms of service accordingly (if needed), they are in the clear. Any reasonable company that mass markets product would do this, so you only have a legal case if C has really incompetent lawyers.
    – Hilmar
    Commented Jun 10 at 14:05

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