Confidentiality and Non-Disclosure Agreements taking Account of the Trade Secrets Directive

In Transposing the Trade Secrets Directive into English Law: Confidentiality Agreements 5 Feb 2018 I advised that it would be prudent to ensure that non-confidentiality agreements and clauses complied with Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure (the trade secrets directive) as well as the law of confidence. I gave more specific advice in Trade Secrecy Law changes Tomorrow - check your NDA, Standard Terms and other Agreements 8 June 2018 NIPC Inventors Club and Checking your Confidentiality Clauses and Agreements for Compliance with the Trade Secrets Directive 27 June 2018 NIPC News.

I have now received my first sets of instructions to draft and review confidentiality or non-disclosure agreements in the light of the trade secrets directive.  I have applied what I have learned through carrying out those instructions in creating this draft.   It is important to stress that this draft will not meet all circumstances or requirements and that this draft is not to be regarded as a substitute for taking professional advice. However, it can be used as a checklist or reference point when instructing a professional adviser.

Anyone wishing to discuss this precedent should contact me on +44 (0)20 7404 5252 during office hours or send me a message through my contact form.

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