What are the requirements for trade secret protection in the European Union?
The European Union (EU) has a number of laws and regulations governing the protection of trade secrets. Under the EU’s Trade Secrets Directive, certain criteria must be fulfilled in order for a trade secret to be considered eligible for protection. First, the information in question must have commercial value because it is not generally known or accessible within the relevant business circles. The information must have been subject to reasonable steps taken by the relevant company to keep it secret, such as contractually binding employees to non-disclosure agreements. Second, the trade secret must relate to the company’s products or services. This means that any information relating to the production or sale of the company’s products or services would be eligible for protection. In addition, any information relating to the company’s business strategies or promotional activities could be protected. Finally, the trade secret must have been unlawfully acquired, used or disclosed by a third party in order to trigger the trade secret protection of the EU. This means that, if a third party obtains the trade secret by means of theft, espionage, bribery or any other unlawful means, the company may pursue legal action against the perpetrator. Overall, the EU provides comprehensive laws and regulations for the protection of trade secrets. In order for a trade secret to be eligible for protection, the relevant company must meet the criteria outlined by the EU’s Trade Secrets Directive. Doing so will help ensure that the company’s valuable business information is protected from unlawful acquisition, use or disclosure by third parties.
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