Trade Secrets (Enforcement, etc.) Regulations 2018: Implements EU Trade Secrets Directive, defines trade secrets and their protection, and outlines remedies for breach. Essential for protecting confidential business information.
UK GDPR and Data Protection Act 2018: Data protection legislation ensuring personal data handling complies with data protection principles. Critical for confidentiality agreements involving personal information.
Employment Rights Act 1996: Governs employment relationships, relevant for employee-related non-solicitation clauses and protection of whistleblowers. Sets out employee rights and obligations.
Common Law of Confidentiality: Equitable principle establishing confidentiality obligations, including case law on what constitutes confidential information and remedies for breach of confidence.
Contract Law and Contracts Rights of Third Parties Act 1999: Fundamental contract law principles including consideration requirements, contract formation, and third-party rights affecting the agreement's enforceability.
Competition Act 1998: Ensures restrictions in the agreement aren't anti-competitive and maintains reasonable duration and scope of restrictions in business relationships.
Restraint of Trade Doctrine: Common law principles governing reasonable restrictions in business agreements, including geographic and temporal limitations to protect legitimate business interests.
Human Rights Act 1998: Protects fundamental rights including right to work, freedom of expression, and privacy rights that must be balanced against confidentiality obligations.
