What are the requirements for trade secret protection in the European Union?

The European Union (EU) provides a comprehensive legal framework for trade secret protection. In order to be eligible for trade secret protection, certain criteria must be met. First, the information must be secret, that is, it cannot be generally known or easily accessible to persons that are normally in contact with the type of information. Second, the information must have a commercial value because it is secret. Third, the owner of the trade secret must have taken reasonable steps to keep the secret. Examples of this include physical measures such as encrypting data or controlling access, or contractual measures such as internal policies or non-disclosure agreements. Additionally, the trade secret must be subject to misappropriation, meaning it was unlawfully acquired or used by another. Even if all of these criteria are satisfied, the EU requires the trade secret holder to provide proof that the trade secret was misappropriated. Finally, the EU has a trade secret protection directive which makes it an offense to unlawfully obtain, use or disclose a trade secret, with criminal penalties for offenders. In general, any person or entity that misappropriates a trade secret is liable to the owner of the secret for damages. Overall, the European Union provides a comprehensive legal framework for trade secret protection. For trade secret protection to be available, certain criteria must be met, and if a trade secret is misappropriated, then both civil and criminal penalties may apply.

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What are the requirements for trade secret protection in the European Union?

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