Protection of business secrecy

Following the adoption by the Senate on June 21^st of the proposal for a law transposing the European Directive on business secrecy, let’s sum up.

For the record, this initiative of the European Parliament aimed to protect the intangible heritage and information held by companies against industrial looting and unfair competition.

The protected information can be of any kind (technical, financial, etc.), from the moment they are:

1. secret (not public)
2. they have commercial value
3. and they are reasonably protected, in particular by pre-contractual measures.

Wrongdoing is the access, use and disclosure of protected information and any unfair or knowing behavior. It may also be the import, export, production or placing on the market of products reproducing secret know-how.

Some exemptions are provided, in particular concerning respect for freedom of expression.

Do not hesitate to contact us for more information about this.