Trade Secrets Directive To Be Published This Summer

Passage of the draft Directive on Trade Secrets (the 'Directive'), proposed in November 2013, looks imminent. We're expecting that the final Directive will be published this summer, giving each of the 28 EU Member States two years in which to enact national implementing legislation.

The new Directive aims to harmonise the differing national laws protecting trade secrets from unlawful acquisition, use and disclosure by establishing a common framework of minimum standards.

The Directive explains that an unlawful acquisition of a trade secret will occur if a person acquires a trade secret without the consent of the trade secret holder through unauthorised access, bribery, theft, deception, or by breaching a confidentiality agreement, and/or engages in 'any other conduct which, under the circumstances, is considered contrary to honest commercial practices'.