| Commentary

(i) Remedies by statute

| Commentary

(i)     Remedies by statute

In 2016 the EU adopted the Trade Secrets Directive (EU) 2016/943 PII [1400] which is described as being 'on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure'. In an interesting parallel to the introduction (again for the first time) of health and safety directives in 1993, the initial reaction to this seemed to be that in fact UK law on confidentiality (discussed above) was already in advance of the provisions of the directive and so nothing was needed in order to comply. However, as with the health and safety directives, the eventual decision was to introduce new regulations to ensure full compliance and to update the existing case law. The result was the Trade Secrets (Enforcement, etc) Regulations 2018 SI 2018/597 R [3366], the explanatory notes to which said that they 'address those areas where gaps occur or where the implementation of the provisions of the Directive in the United Kingdom, across its jurisdictions, may be made more transparent and coherent'.

(i)     Application

The Regulations apply to England and Wales, Scotland and Northern Ireland. They came into force on 9 June 2018 and apply only to proceedings under their provisions which were brought before a court after their commencement (regs 1, 19).

(ii)     Substance

The Regulations have a curious hybrid form, in that they do relatively little of substance, concentrating instead on providing for a more defined and streamlined procedure for an aggrieved

To continue reading
Analyse the law and clarify obscure passages all within a practical context.