Eurosport, Nov 30, 2015 wrote:1 ) No employee or consultant of a competitor who is involved in aerodynamic development may pass any information obtained under their own ATR quota to an employee or consultant of another competitor.
2 ) No employee of a competitor who is involved in aerodynamic development, who leaves that company and takes up a similar position with another competitor, may do so without a suitable (or normal) period of "gardening leave" or "isolation".
3 ) No employee of a competitor who is involved in aerodynamic development, and who leaves that company and takes up a similar position with another competitor, may then return to the original competitor without a suitable (or normal) period of "gardening leave" or "isolation".
4 ) No employee of a competitor who is involved in aerodynamic development, and who then leaves that company, may pass information obtained under their former employer's ATR quota to an employee or consultant of another competitor before a suitable (or normal) period of "gardening leave" or "isolation" has elapsed.
5 ) No employee of an external entity who is involved in F1 aerodynamic development may be employed by a competitor, on a permanent or temporary basis, without a suitable (or normal) period of "gardening leave" or "isolation".
6 ) No employee of a competitor who is involved in aerodynamic development may be seconded to, or temporarily employed by, another competitor unless such secondment or employment is a genuine long term arrangement for the sole purpose of providing the other competitor with technical expertise. Any seconded employee must not then return to the original competitor without a suitable (or normal) period of "gardening leave" or "isolation". Three months would be considered as a genuine long term arrangement.
7 ) No competitor may acquire aerodynamic surfaces from an external entity (even if such entity claims to have designed them for its own purposes), unless any aerodynamic testing resource used to develop the surfaces is counted within the relevant competitor's ATR quota.
8 ) Teams sharing a windtunnel (or any other aerodynamic testing resource as referred to in Appendix 8, including a CFD cluster) must put appropriate procedures in place to avoid any breach of confidentiality or of the general restrictions of Appendix 6 and Appendix 8. This would include (but not be limited to):
(i) ensuring staff shared by both parties or employed by one party but involved in the operational part of the aerodynamic testing of the other party (such as operating or maintaining the windtunnel and/or CFD hardware) give contractual covenants not to pass information or to allow information to pass between the parties.
(ii) putting the physical infrastructure in place so the two parties operate their support activities (such as windtunnel model preparation), other than the operational part of the testing mentioned above, in separate environments.
(iii) putting the IT infrastructure in place so the two parties operate on separate networks and store their data on separate (at least virtually) storage hardware.
Note: "A suitable or normal period of gardening leave or isolation" must be 6 months except in the case of force majeure or a competitor ceasing operations (for example due to bankruptcy). Normally "gardening leave" is a contractual matter between the employee and the competitor from which that employee is leaving, and "isolation" is a similar arrangement and obligation for the competitor to which the employee is moving.