Something is stirring inside Brussels – something big. The
pregnancy is still at an early stage, for conception took place
only recently; and the gestation period might be lengthy. But if
and when there is a safe delivery, the new arrival could well cause
quite a stir.
For the European Commission's latest
enfant terrible is a directive on trade secrets –
specifically, "on the protection of undisclosed know-how
and business information against their unlawful acquisition, use
and disclosure". The draft has been formally
adopted, and is now going through the Eurocratic motions, which
means that it may well be in force by the end of this year.
It has been prompted by the Commission's acknowledgment that
the legal protection of trade secrets across the EU is
"uneven" and "sub-optimal" (translation:
shambolic), and that having 28 different systems of protecting
confidential information is not exactly the best way of keeping up
with the global competition.