Trade Secrets (Enforcement, etc.) Regulations 2018: Key legislation implementing the EU Trade Secrets Directive that defines trade secrets, their protection, and outlines remedies for breach. Essential for the confidentiality provisions of the agreement.
Employment Rights Act 1996: Primary legislation governing employment rights in England and Wales, particularly relevant for non-solicitation provisions and ensuring restrictions on employees are reasonable.
Common Law Restraint of Trade: Legal principles requiring that restrictive covenants must be reasonable in scope, duration, and geographic area, while only protecting legitimate business interests.
Data Protection Act 2018 and UK GDPR: Legislation governing the processing and protection of personal data, including obligations for data handlers and regulations on cross-border data transfers.
Contract Law Principles: Fundamental legal principles ensuring valid contract formation, including consideration, intention to create legal relations, and certainty of terms.
Misuse of Confidential Information: Common law principles protecting against breach of confidence, including equitable principles and remedies for unauthorized disclosure.
Competition Law: Including Enterprise Act 2002 and Competition Act 1998, ensuring that restrictive covenants don't breach competition regulations or create unfair market conditions.
Human Rights Act 1998: Legislation protecting fundamental rights including right to work, freedom of association, and privacy rights, which must be balanced against business protections.
