Trade Secrets Directive

The protection afforded to trade secrets is disparate across the EU. In order to protect trade secrets as potential drivers for economic growth and jobs and to create a level-playing field within Europe, the European Parliament has now approved the Trade Secrets Directive.

This Directive aims to provide a minimum, uniform level of protection in respect of undisclosed know-how and business information (trade secrets) against unlawful acquisition, use and disclosure. The intent is for this protection work in parallel with the existing uniform EU law protecting intellectual property.

The Directive provides a minimum standard framework, with common definitions, procedures and sanctions. Higher levels of protection are permitted. Accordingly, countries which already enjoy higher levels of protection (e.g. UK and Germany) will not necessarily need to take any steps to implement the requirements. Nonetheless, decisions of the ECJ interpreting the Directive may well have