BELGIUM : NEW new law on trade secrets Context: Directive (EU) 2016/943 of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against unlawful acquisition, use and disclosure is transposed into national Belgian legislation link Why mention worthy? Before the adoption of the law described in this Newsletter, no general and homogeneous Belgian legal framework to protect trade secrets was crafted. Application The new law applies to the legal facts that occur after its entry into force (this is 10 days after its publication:14/8/2018 in the Belgian Official Gazette), but also to the legal facts that occurred under the old law but which are still occurring after the publication date will be covered under the new law. Note that current procedures (prosecuted at the time of entry into force of the new law) will not be able to rely on the new provisions and this in order to avoid legal uncertainty. The law in brief The new law stipulates that an employee (both during the employment contract and after termination) must refrain from illegally obtaining, using or disclosing a trade secret that he can obtain knowledge of in the exercise of his professional work. In addition, the employee must refrain from disclosing any secrets relating to personal or confidential matters that he may have knowledge of in the course of his professional work. An employee may also not act or cooperate with unfair competition. What is a trade secret ? The new law also indicates what is meant by a trade secret. More specifically, it is information that is secret. This means that the information is not generally known or easily accessible to persons within the circles who usually deal with the type of information concerned in the organisation. The information has further commercial value because it is secret. In order to enjoy the protection, the employer must also take reasonable measures to keep the information secret. On the contrary, the law does not impose restrictions on ex-employees to make use of acquired general experience and skills, insofar as this is done in an honest and normal manner. What if? If an employee acts unlawfully and does not respect trade secrets, the ex-employer may first take action to stop the ex-employee from doing his unlawful activity. The employer can also request compensation. If it is still an employee, the employer might also think about firing the employee for an urgent reason.
Some recommendations We invite you to (i) clearly identify and inventory the information that is considered confidential within your company, (ii) identify the persons who have access to it, (iii) take adequate protective measures and implement them, (iv) revise your confidentiality agreements/clauses in relation to the notion of confidential information/trade secrets as well as your employment contracts. Mind that An employer cannot agree on a far-reaching arrangement with the employment contract. If he does, the arrangement will not be valid. Of course, the employer can always include a valid non-compete clause in the employment contract. Do you have a question or for a comprehensive advice : Contact Us +32 478 230 616
All about Security and Risk management Consulting
Some of us prefer to scroll through Instagram, others love to participate on LinkedIn and others prefer to interact with Tweets!
Or read our digital publications on ISSUU
Consult our website here
Risk assessment & Loss prevention + 32 (0)478 230 616 - + 32 (0)477 415 556
www.luppo.be
info@luppo.be
Unsubscribe from this newsletter
Subscribe to this newsletter
Terms and Conditions - Code of conduct - Cookie policy - Privacy Policy.
Copyright Š 2018 Luppo All rights reserved