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Commentary

10 Interplay between the trade secrets legislation and principles of common law and equity

CONFIDENTIALITY vol 12(3)

10 Interplay between the trade secrets legislation and principles of common law and equity

| Commentary

The English law of confidence offers a comprehensive system to protect confidential information. However, the English law of confidence arose as an equitable remedy, having been built up through a series of cases, whereas the EU Trade Secrets Directive1 in effect provides a legal code. The starting point under which the English law of confidence protects the possessor of confidential information also differs from that found in the Trade Secrets Directive. The English law of confidence requires an obligation of confidence and,

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