On December 5th, 2019, Crowell & Moring’s Brussels office, in cooperation with the Belgian Institute for In-House Counsel, hosted a deep dive session into the EU Trade Secrets Directive and the changes this legal framework has brought about since it went into effect in 2016.

Crowell & Moring attorneys including Partners Jan-Diederik Lindemans and Emmanuel Plasschaert, Senior Counsel Gunther Meyer, and Associates Judith Bussé and Evelien Jamaels guided participants through best practices on maximizing protection of commercially valuable information under the legal framework, explained how it impacts companies’ relationships with employees and contractors, and finally discussed how the framework will co-exist with upcoming EU rules on whistleblowing. Participants especially appreciated the insights shared by Belgian State Security Counter-Intelligence Coordinator, L. Van Der Haeghen, about commonly used techniques to steal or otherwise unlawfully obtain trade secrets during the discussion.

Below are a few key points participants took away from the discussion:
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On April 16, 2019, the EU Parliament approved a draft directive for new harmonized rules on the protection of whistleblowers. The Directive of the European Parliament and of the Council on the Protection of Persons reporting on Breaches of Union Law (the “Whistleblowing Directive”) creates EU-wide minimum standards to protect persons disclosing information to which