The European Union trade secrets directive passed its final hurdle on 27 May when EU governments backed compromise text approved by the European Parliament on 14 April. Once the law has been formally published, member states will have up to two years to incorporate its provisions into domestic law.
The directive is available here.
The legislation harmonises rules against the unlawful acquisition, use and disclosure of trade secrets, and is also intended as a deterrent against illegal disclosures of such information, albeit without undermining fundamental rights or the public interest, a Council press release said. EU countries will have to introduce measures to ensure that trade secret owners have access to civil redress which must be fair, effective and dissuasive. Trade secrets holders will also be entitled to apply for remedies in case of damages.
The measure cleared the European Parliament despite concerns that its protections for whistle-blowers were weak.
“Persons acting in good faith that reveal trade secrets for the purpose of protecting the general public interest … will enjoy adequate protection,” the Council said. It will be up to national authorities to decide whether disclosure of a commercial secret was necessary to denounce illegal activity or wrongdoing, it said.
The directive also protects investigative journalism, and doesn’t stop workers from using the experience and skills honestly acquired in the normal course of their employment in other jobs, the Council said.