Trade Secrets Directive implemented

Implementation date: 9 June 2018

The Trade Secrets Directive (2016/943/EU) introduces an EU-wide definition of "trade secret" as information that is secret, has commercial value because it is secret, and has been subject to reasonable steps by the holder of the information to keep it secret. The Directive provides protection against the unlawful acquisition, use or disclosure of a trade secret or other conduct contrary to "honest commercial practices".

Whistleblowers are excluded from liability where disclosure of a trade secret serves the public interest.

The Trade Secrets Directive is implemented in the UK by the Trade Secrets (Enforcement, etc) Regulations 2018 (SI 2018/597).