What is the scope of trade secret protection in the European Union?
The scope of trade secret protection in the European Union is wide-ranging. The European Union provides a number of legal protections for trade secrets, such as the Trade Secrets Directive, which came into force in May 2019. This Directive harmonizes the legal protection of trade secrets across all EU Member States, and includes a definition of trade secrets, as well as measures to make sure that trade secrets are protected from being unlawfully acquired, used or disclosed. The Directive also outlines remedies and procedures for the legal protection of trade secrets and sets out sanctions that can be imposed on businesses that unlawfully acquire, use or disclose trade secrets. For example, it includes provisions allowing victims of a trade secret violation to seek compensation and injunctions. This means that companies who have had trade secrets stolen will be able to sue for any financial losses they incurred as a result, as well as to prevent any further use of their stolen information. In addition to this, the European Union has recently adopted a General Data Protection Regulation (GDPR) to ensure a high level of data protection for all EU citizens. This Regulation includes specific provisions on the protection of trade secrets, as businesses will now have to take appropriate measures to ensure the secrecy of their business information and to prevent the unlawful acquisition, use or disclosure of trade secrets. Overall, the European Union is highly committed to protecting trade secrets, and is taking a number of steps to ensure that businesses are able to protect their confidential information from being unlawfully acquired, used or disclosed.
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