Competition Act 1998: Primary UK legislation governing competition law, which must be considered when drafting non-compete provisions to ensure they don't violate anti-competitive regulations
Enterprise Act 2002: Legislation that provides the framework for merger control and market investigations, relevant for ensuring non-compete clauses don't create market dominance issues
Article 101 TFEU (retained): Retained EU law post-Brexit that prohibits anti-competitive agreements, crucial for ensuring non-compete provisions don't breach competition principles
Employment Rights Act 1996: Key employment legislation that provides the framework for employment relationships and rights, affecting how restrictive covenants can be applied
Restraint of Trade Doctrine: Common law principle requiring restrictions to be reasonable in scope, duration, and geographic area, and must protect legitimate business interests
Trade Secrets Regulations 2018: Regulations protecting against the unlawful acquisition, use and disclosure of trade secrets, essential for confidentiality provisions
Data Protection Act 2018: Legislation governing the processing of personal data, relevant for confidentiality provisions involving personal information
UK GDPR: Post-Brexit data protection regulation establishing rules for personal data processing and protection
Unfair Contract Terms Act 1977: Legislation controlling unfair terms in contracts, ensuring restrictive covenants are reasonable and enforceable
Contracts Rights of Third Parties Act 1999: Legislation governing how third parties may enforce contractual terms, relevant for extending confidentiality obligations
Consideration Principle: Common law requirement that adequate consideration must be provided for restrictive covenants, especially in post-employment contexts
Severability Doctrine: Legal principle allowing courts to remove unenforceable provisions while maintaining the rest of the agreement
