EU Trade Secrets Directive

A recent English court decision for the first time explores the overlap between trade secret claims under the EU Trade Secrets Directive 2016/943 and English equitable and common law claims for breach of confidence.

In Trailfinders Limited v Travel Counsellors Limited & Ors [2020] EWHC 591 (IPEC), travel agency Trailfinders brought a case against competitor TCL and four former employees who allegedly exploited customer lists and accessed Trailfinders’ customer database after joining TCL to exploit confidential information to their and TCL’s benefit.

In analyzing whether information taken by employees rose to the level of trade secrets, the judge turned to “the definition of ‘trade secret’ in art.2(1) of Directive 2016/943 (always bearing in mind the broad interpretation of ‘trade secret’ in the Directive).” Trailfinders Limited v Travel Counsellors Limited & Ors [2020] EWHC 591 (IPEC), [29]. Trade secrets under the EU Trade Secrets Directive, implemented in the United Kingdom by Trade Secrets (Enforcement etc.) Regulation 2018, must meet all of the following requirements: “(a) it is secret in the sense that it is not, as a body or in the precise configuration and assembly of its components, generally known among or readily accessible to persons within the circles that normally deal with the kind of information in question; (b) it has commercial value because it is secret; (c) it has been subject to reasonable steps under the circumstances, by the person lawfully in control of the information, to keep it secret.” The judge recognized that there were different categories of information that employees could be exposed to during employment which were entitled to varying levels of protections.
Continue Reading English Court Addresses Intersection of Trade Secrets Directive and Common Law Breach of Confidence Claims

Crowell & Moring invites you to attend the second installment of our Trade Secrets Webinar Series: Trade Secrets are Not Intellectual Property – At Least Not in the European Union, taking place on Tuesday, February 11th at 11:00 am (EDT).

How are trade secrets defined in the EU versus in the US?

How do the US and EU judicial bodies differ in their view of trade secrets, and how does that protect, or leave vulnerable, your company’s most valuable information?

How might cross-border (or transnational) companies protect their intellectual property assets and prepare for threats when subject to dual (EU & US) enforcement?

During this webinar, Crowell & Moring attorneys Jan-Diederik Lindemans and Judith Bussé will guide you through the small differences in the language and theory behind the EU Trade Secrets Directive and the US Defend Trade Secrets Act (DTSA), and the important consequences these have on your trade secrets protection and strategy.

To register, please click here.
Continue Reading Please Join Us for the Second Installment of our 2020 Webinar Series: Trade Secrets are Not Intellectual Property – At Least Not in the European Union