Beware: Not Only May 25 But Also June 9 Has Passed

It seems not only companies but also many Member States were so busy preparing for the GDPR that they lost sight of the Trade Secrets Directive that should have been transposed into national laws by June 9. That's regrettable, because it is important legislation between "privacy", unfair competition and IP, establishing a modern and for the first time EU-wide regime for the protection of trade secrets.

Relevance of the Directive

Being aware that confidential know-how and business information are among the most important assets of many companies, the EU has recognised that the protection in the Member States is inconsistent and often insufficient.

The Trade Secrets Directive (EU) 2016/943 contains a definition of trade secrets (which is new in Austria) and determines the scope of protection of the owner, who may prevent any unlawful acquisition, use or disclosure of a trade secret. Under certain conditions, the production, offering or placing on the market of