Partnership Act 1890: Primary legislation defining partnerships and partners' rights/obligations. Essential for establishing the partnership context in which the NDA operates.
Trade Secrets (Enforcement, etc.) Regulations 2018: Implements EU Trade Secrets Directive into UK law. Provides statutory framework for protecting trade secrets and defining what constitutes protected confidential information.
Data Protection Act 2018 & UK GDPR: Regulatory framework for handling personal data. Relevant when confidential information includes personal data processing and protection requirements.
Contract Law Common Law Principles: Fundamental principles including offer, acceptance, consideration, intention to create legal relations, and certainty of terms that form the basis of any valid contract.
Faccenda Chicken v Fowler [1987]: Key case law that establishes the different categories of confidential information and their protection levels in employment/business relationships.
Attorney General v Observer Ltd [1990]: Landmark case establishing core principles of confidentiality and breach of confidence in English law.
Coco v A.N. Clark (Engineers) Ltd [1969]: Establishes the three-part test for breach of confidence: information must be confidential, shared in circumstances implying confidence, and unauthorized use causing detriment.
Copyright, Designs and Patents Act 1988: Relevant for protecting intellectual property rights that may be disclosed under the NDA, particularly regarding copyright protected materials.
Trade Marks Act 1994: Relevant when confidential information includes trademark-related information or brand assets.
Competition Act 1998: Ensures NDA provisions do not breach competition law or create anti-competitive restrictions.
Human Rights Act 1998: Provides framework for ensuring NDA restrictions are reasonable and enforceable while respecting fundamental rights.
