Data Protection Act 2018 and UK GDPR: Key legislation governing personal data processing, storage, and transfer. Includes international data transfer restrictions and compliance requirements for handling personal information within confidentiality agreements.
Trade Secrets (Enforcement, etc.) Regulations 2018: Legislation specifically dealing with the protection of confidential business information, providing definitions of trade secrets and enforcement provisions for confidentiality breaches.
Common Law of Contract: Fundamental principles governing contract formation, including consideration requirements, capacity to contract, and general contractual obligations under English law.
Intellectual Property Laws: Including Copyright, Designs and Patents Act 1988 and Trade Marks Act 1994, relevant where confidential information includes or relates to intellectual property rights.
Employment Law: Including Employment Rights Act 1996, particularly relevant for NDAs involving employees or contractors, covering restraint of trade principles and employment-related confidentiality obligations.
Competition Law: Enterprise Act 2002 and Competition Act 1998, ensuring confidentiality provisions do not create anti-competitive effects in the market.
Human Rights Act 1998: Balancing confidentiality obligations with fundamental rights including right to privacy and freedom of expression.
Limitation Act 1980: Establishes time limits for bringing claims for breach of confidentiality agreements and general contract enforcement periods.
Key Case Law: Faccenda Chicken v Fowler: Landmark 1987 case establishing principles for protecting confidential information in employment contexts and classification of confidential information.
Key Case Law: Vestergaard Frandsen v Bestnet Europe: 2013 Supreme Court case providing guidance on misuse of confidential information and establishing principles for confidentiality breach claims.
