What is the protection of business secrets?

MIL OSI Translation. Government of the Republic of France statements from English to French – Credits: © wavebreak3 – Fotolia.com

The law of July 30, 2018 transcribes the European directive of June 8, 2016 on the protection of undisclosed know-how and commercial information. While protecting business secrecy, it provides exceptions for whistleblowers and staff representatives.

Information that meets the following 3 criteria is protected by business secrecy:

information known by a small number of people; information that has commercial value because of its secrecy; information which is the subject of special protection measures by its holder.

The text specifies the conditions in which the obtaining, the use and the disclosure of the secret of the businesses are illicit and can engage the civil liability of their author.

Exceptions are however provided to protect freedom of expression.

It is possible to take legal action within 5 years from the date of the facts. The judge may order measures to prevent or stop the injury.

EDITOR'S NOTE: This article is a translation. Please forgive us should the grammar and / or sentence structure not be perfect.