UK Data Protection Laws: Including UK General Data Protection Regulation (UK GDPR), Data Protection Act 2018, and Privacy and Electronic Communications Regulations (PECR). These laws govern how personal data must be handled, processed, and protected.
Common Law of Confidentiality: Principles established through case law regarding breach of confidence and equitable duty of confidence, which form the foundation of confidentiality obligations in England and Wales.
Human Rights Act 1998: Particularly Article 8 which establishes the right to privacy, which must be considered when drafting confidentiality provisions.
Employment Law Considerations: Although volunteers aren't employees, care must be taken to ensure the agreement doesn't inadvertently create employment rights. This includes consideration of the National Minimum Wage Act 1998 to maintain volunteer status.
Contract Law: Basic contract formation principles under common law, with special consideration for the fact that volunteers typically don't receive consideration in the legal sense.
Sector-Specific Regulations: Additional regulations that may apply if the organization operates in regulated sectors (e.g., healthcare, financial services) or falls under Charity Commission guidance.
Freedom of Information Act 2000: Relevant if the organization is a public body, as this may affect what information can be kept confidential versus what must be disclosed under FOI requests.
Public Interest Disclosure Act 1998: Whistleblowing provisions that must be considered to ensure confidentiality obligations don't prevent legitimate whistleblowing activities.
