Trade Secrets (Enforcement, etc.) Regulations 2018: Key legislation implementing EU Trade Secrets Directive that defines trade secrets, their protection, and remedies for breach. Essential for the non-disclosure aspects of the agreement.
Contract Law Principles: Common law principles governing contract formation, consideration requirements, and reasonable certainty of terms. Forms the foundational legal framework for the agreement.
Competition Act 1998 and Enterprise Act 2002: Primary legislation governing competition law in the UK, including restrictions on anti-competitive practices and agreements. Critical for non-competition clauses.
UK GDPR and Data Protection Act 2018: Legislation governing the processing and protection of personal data, which may be relevant when defining confidential information and data handling obligations.
Employment Rights Act 1996: Relevant employment legislation that may impact the agreement if it involves employees or workers, particularly regarding restrictive covenants.
Common Law Restrictive Covenants: Legal principles governing restraint of trade, including requirements for reasonableness, geographic scope, and duration of restrictions.
Human Rights Act 1998: Legislation protecting fundamental rights including right to work and freedom of expression, which must be balanced against restrictive covenants.
Equality Act 2010: Anti-discrimination legislation that may be relevant if the agreement could potentially have discriminatory effects.
Privacy and Electronic Communications Regulations 2003: Regulations governing electronic communications and privacy, relevant for confidentiality obligations involving electronic data and communications.
