Skip to content

1 October, 2023

Subscribe Advertise About Us
  • My Account
  • Register
  • Log In
  • Log Out

Board Agenda

  • Governance
  • Strategy
  • Risk
  • Ethics
  • News
    • Categories

      • View All
      • Board Moves
    • auckland calling

      News round-up: this week in governance

      Auckland calling auditors; why ESG ratings matter; Victoria carpets’ ‘qualified’ audit; ethics and oligarchs; US...

    • pwc australia Review reveals leadership failure at PwC Australia

      Investigation into confidentiality leak finds ‘excessive’ power at the top and says poor decisions added...

    • board control Are boards losing control?

      We need to ensure that regulations do not inappropriately reduce a board’s ability to take...

  • Insight
    • Categories

      • View all
      • Governance
      • Strategy
      • Risk
      • Ethics
      • Board Expertise
      • finance
      • Technology
    • sustainability into finance

      How to integrate sustainability into financial decision-making

      Proactive leadership and board commitment are essential to transform notions of sustainability into fiscally viable...

    • reporting requirements

      Don’t let reporting requirements lead to boilerplate disclosures

      We must balance the need for disclosure of non-financial information so that it is sufficient,...

    • policy on human rights

      Why you need a policy on human rights

      As well as being the right thing to do, this element of a sustainable business...

  • Comment
      • View all
    • board control

      Are boards losing control?

      We need to ensure that regulations do not inappropriately reduce a board’s ability to take...

    • reporting requirements Don’t let reporting requirements lead to boilerplate disclosures

      We must balance the need for disclosure of non-financial information so that it is sufficient,...

    • CEO talent Can high CEO turnover boost gender equality?

      The trend for boards favouring internal pipelines for CEO succession creates an opportunity to nurture...

  • Interviews
      • View All Interviews
      • Podcasts
      • Webinars
    • helle bank jorgensen Helle Bank Jørgensen on governance, ESG and how board directors can become stewards of the future

      In spite of ESG toxicity in the US, she remains optimistic that companies are working...

    • information resilience IT transformation sees boards moving to ‘continuous’ management

      Data analytics available on demand requires a resilient—and selective—approach to sharing information, a webinar panel...

    • life sciences podcast Reform of NHS levy ‘harms UK competitiveness’

      Boards in the pharmaceutical and life sciences sector face increasingly difficult decisions, according to a...

  • Careers
      • View all
      • Selection
      • Board Moves
    • CEO talent Can high CEO turnover boost gender equality?

      The trend for boards favouring internal pipelines for CEO succession creates an opportunity to nurture...

    • Starbucks sign outside shop in Warsaw, Poland DEI policies are targets for litigation, warns US lawyer

      Right-wing activists will continue to sue corporates over diversity, equity and inclusion policies they perceive...

    • CEO churn CEO churn is highest since 2019

      Chief executive appointments in the FTSE 100 are also up—but only 27% of incoming CEOs...

  • Resource Centre
      • White Paper Downloads
      • Book Reviews
      • Corporate & Advisory Services
    • ciia risk in focus

      Risk in Focus 2024: Hot topics for internal auditors

      Risk in Focus 2024 surveyed chief audit executives on their key challenges: geopolitical uncertainty and cybersecurity...

    • G20/OECD Principles of Corporate Governance 2023 cover

      G20/OECD Principles of Corporate Governance 2023

      The G20/OECD principles help policy makers improve the regulatory and institutional framework for corporate governance.

    • stakeholder engagement

      Director Reference Guide: Stakeholder engagement

      Board Agenda's 'Director Reference Guide' for boards on building an honest and trust-based relationship with...

  • Events
  • Search by topic
    • Governance
    • Strategy
    • Risk
    • Ethics
    • Regulation
    • ESG
    • Investor Relations
    • Selection
    • Board Expertise
    • finance
    • Technology

Gearing up for the EU Trade Secrets Directive

by Lucy Trevelyan on January 27, 2018

EU member states have until 9 June 2018 to implement the Trade Secrets Directive, which aims to standardise the national laws in EU countries against the unlawful acquisition, disclosure and use of trade secrets.

trade secrets, trade secrets directive

Image: Yury Zap / Shutterstock

EU member states have until 9 June 2018 to implement the Trade Secrets Directive, which aims to standardise the national laws in EU countries against the unlawful acquisition, disclosure and use of trade secrets.

The Directive harmonises the definition of trade secrets in accordance with existing internationally binding standards, and defines the relevant forms of misappropriation. However, the directive does not provide for exclusive monopoly rights in trade secrets: obtaining trade secrets by way of independent discovery or reverse engineering remains lawful.

The civil means through which victims of trade secret misappropriation can seek protection will be standardised and include measures to stop the unlawful use and further disclosure of misappropriated trade secrets; the removal from the market of goods that have been made on the basis of a trade secret that has been illegally acquired; and the right to compensation for the damages caused by the unlawful use or disclosure of the misappropriated trade secret.

The European Commission is at pains to point out that the new rules include provisions to allow journalists to continue to investigate and publish news on companies’ practices and business affairs, as they are today. The Directive also expressly safeguards whistleblowers—those who, acting in the public interest, disclose a trade secret for the purpose of revealing misconduct, wrongdoing or illegal activity.

Dr Lutz Riede, principal associate at Freshfields Bruckhaus Deringer LLP, says that despite some criticism that the measures are not far-reaching enough, it can be expected that the Trade Secrets Directive will align and improve the basis for trade secrets litigation across the EU.

“With more effective remedies and confidentiality measures at their disposal, European companies can be more confident to protect and enforce their rights to their confidential know-how and business information,” he said.

  • Facebook
  • Twitter
  • Google+
  • LinkedIn
  • Mail

Related Posts

  • A remixed roadmap for the future of board leadership
    October 18, 2021
    Team climbing a mountain using collaborative leadership

    A recent report identifies the need for a new governance model that reflects the changing responsibilities of boards and their leaders.

  • EuropeanIssuers calls for EU law to apply to 'third country' companies
    December 17, 2021
    EU flag

    The proposal raises the possibility of the Corporate Sustainability Reporting Directive being applied to UK firms trading online in the EU.

  • The war for talent: creating competitive advantage through diversity
    December 7, 2021
    Magnet attracting diverse talent

    Companies that strategically invest in diversity and building an inclusive culture will become talent magnets in today's challenging market.

  • The diversity narrative: a strategy for improved performance
    April 11, 2022
    Diverse group of colleagues celebrating

    Research has shown a clear correlation between diversity and performance. How can organisations create their own diversity narrative?

For thoughtful journalism, expert insights on corporate governance and an extensive library of reports, guides and tools to help boards and directors navigate the complexities of their roles, subscribe to Board Agenda

corporate misconduct, EU, European Commission, Trade Secrets Directive

Search


Sign up to our Newsletter

Receive independent news, thoughtful journalism & expert insights about leadership, corporate governance & key boardroom issues straight to your inbox every week.

SIGN UP

Follow Us


 

 

 

Most Popular

  • Labour commits to audit reform legislation
  • News round-up: this week in governance
  • Are boards losing control?
  • Boards on their ESG journey still have some way to go
  • BDO now biggest auditor in the UK by number of listed clients

Featured Partner Profile

Diligent

Diligent

Diligent Corporation, which was founded in 2001, is headquartered in New York, NY with a European HQ in London. Diligent’s modern governance platform empowers leaders and teams at every level of the organisation to digitally transform and create ...

Featured Partner Resources

Leadership ESG

Leadership in ESG Integration: a study into UK board oversight, implementation and disclosure

This research report is based on detailed response...
The Engagement Appeal: The Path to Inclusive Investor Engagement

The Engagement Appeal: The Path to Inclusive Investor Engagement

This is the inaugural white paper from The Engagem...
Mazars c-suite 2023

Mazars C-suite barometer 2023

The Mazars C-suite barometer is based on responses...

Stakeholder Engagement: A Roadmap for UK Plc Boards

This guide aims to provide directors and their col...

Digital Boards: How Technology Adoption is Driving Culture Change and Resiliency

Digital tools proved their worth to boards during ...
Leadership in AI report

Leadership in AI

This report from Board Agenda and Mazars, in assoc...

A Director's Guide to Conducting Internal Investigations

An internal investigation must be handled meticulo...
 

ADVERTISE – FREE CORPORATE LISTING

FREE - Add your company profile to our Corporate & Advisory Directory.
ADD

ADVERTISE – PROMOTE YOUR REPORTS & WHITEPAPERS

FREE - Add your company profile to our Corporate & Advisory Directory.
Add Resource

Register Free

Register to receive free article views, selected resource downloads, and all the latest news alerts straight to your inbox. Register


  • Editors & Contributors
  • Editorial Advisory Board
  • Corporate & Advisory Services
  • Media Marketing Solutions
  • Contact Us
  • Careers
  • Board Director Network
  • Terms & Conditions
  • Privacy Policy
  • Cookies
  • Sitemap
|