The EU Parliament has approved a new EU Trade Secrets Directive enabling organisations to get legal redress against theft or misuse of their trade secrets, while at the same time ensuring freedom of expression. The Directive, introduces an EU-wide definition of “trade secret”, meaning information which is secret, has commercial value because it is secret, and has been subject to reasonable steps to keep it secret.
It obliges EU member states to ensure that victims of misuse of trade secrets are able to defend their rights in court and to seek compensation. Under the Directive, however, victims of the theft or misuse of trade secrets will not have the right to redress if a trade secret was acquired, used or disclosed for the following purposes:
To exercise the right to freedom of expression, including respect for freedom of the press.
- ‘Whistleblowing’, i.e. to reveal misconduct, wrongdoing or illegal activity which is necessary to protect the general public interest.
- The trade secret was disclosed by workers to their representatives as part of the legitimate exercise of their representative functions.
The Directive must be implemented at the latest by mid-2018 and will clearly have employment implications.
Content Note
The aim is to provide summary information and comment on the subject areas covered. In particular, where employment tribunal and appellate court cases are reported, the information does not set out full details of all the facts, the legal arguments presented by the parties and the judgments made in every aspect of the case. Click on the links provided to access full details. If no link is provided contact us for further information. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, SM&B cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.
This provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, we cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.
