Checking your Confidentiality Clauses and Agreements for Compliance with the Trade Secrets Directive
Jane Lambert On 9 June 2018 the Trade Secrets Directive was implemented into English and Welsh, Scottish and Northern Irish law by The Trade Secrets (Enforcement etc) Regulations 2018 . I discussed the directive's provisions in The Trade Secrets Directive 7 July 2016 NIPC Law and its implementation in Transposing the Trade Secrets Directive into English Law: The Trade Secrets (Enforcement etc) Regulations 6 June 2018. I also advised that Trade Secrecy Law changes Tomorrow - check your NDA, Standard Terms and other Agreements 8 June 2018 NIPC Inventors Club. In this article I consider the checks that business owners and professional advisers should make to ensure that their contract terms comply with the new law. References to Confidentiality Agreements in the Directive The Trade Secrets Directive makes only two references to confidentiality agreements. Art 4 (3) (b) lists "being in breach of a confidentiality agreement" as one of the circumsta