Many of the provisions of the EU Trade Secrets Directive1 are not included in the Trade Secrets (Enforcement, etc) Regulations 20182, as English law already had similar protection for confidential information3. The 2018 Regulations ‘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 coherent4’. The explanatory note that appears at the end of the Regulations sets out which provisions have been implemented and a brief description of them:
| Provision in the 2018 Regulations | Provision in the Trade |