German Draft Bill On The Implementation Of The EU Trade Secrets Directive

Summary

The European Union is finally making significant progress in implementing the first pan-EU trade secrets protection rules. The EU's largest country, Germany, has published its long-awaited draft bill setting out how it proposes to implement trade secrets protection.

The EU directive on trade secrets protection was agreed to in 2016 in the same month as the United States adopted its Defend Trade Secrets Act. EU Member States have had two years from adoption to implement the Trade Secrets Directive (TSD) into their national laws. While the TSD generally provides for uniform protection, Member States can implement higher standards, so all eyes have been on the German government to see how it will approach the task of conversion of the TSD rules and principles into national law.