Are trade secrets protected in the European Union?

Yes, trade secrets are protected in the European Union (EU). The EU has specific laws that protect trade secrets, such as the Trade Secrets Directive (2016/943/EU), which was adopted in 2016. This directive sets out what constitutes a trade secret, as well as the procedures and remedies that are available in the event of a trade secret being unlawfully acquired, used or disclosed. The EU considers an undisclosed know-how or business information to be a trade secret if it meets three conditions: it is secret in the sense that it is not generally known among, or readily accessible to, persons within the circles that normally deal with such information; it has commercial value because it is secret; and it has been subject to reasonable steps to keep it secret by its rightful owner. In addition, the EU prohibits any act that may lead to the unlawful acquisition, use or disclosure of a trade secret. This includes reverse engineering, computer espionage and employee mobility restrictions. The EU has put in place various measures to protect trade secrets. For example, the Trade Secrets Directive sets out specific remedies that may be sought if a trade secret is unlawfully acquired, used or disclosed. These remedies include damages, orders to cease the infringement, and protection of information pending the conclusion of proceedings. In the United States, the state of Texas also has legislation to protect the confidentiality of trade secrets. The Texas Uniform Trade Secrets Act makes it illegal to take or use a trade secret without permission. It also allows for legal action to be taken in the event of any infringement.

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Are trade secrets protected in the European Union?

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