Trade secrets directive

Earlier this year we reported that the European Council had formally adopted a draft directive for the protection of trade secrets across the EU (the Directive). It came into force on 5 July 2016 and EU member states have until 9 June 2018 to incorporate it into domestic law. Although the UK will still be a member of the EU by then, it is not certain to implement the Directive.

The UK has a well-developed law of confidence to protect trade secrets, which is closely aligned with the Directive, and therefore it may make little difference to businesses based only in the UK.

However, UK-based businesses with an EU presence, or cross-border operations, will want the Directive implemented to ensure that the level of protection for trade secrets across the EU matches that already provided in the UK.

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