Abstract

The Belgian Act on the protection of trade secrets (Trade Secrets Act or ‘TSA’) came into force on 24 August 2018 and implemented EU Directive 2016/943 of 8 June 2016 on the protection of undisclosed know-how and trade secrets (Trade Secrets Directive or ‘TSD’). Before the TSA and TSD, the law on trade secrets was fragmented and not harmonized across the EU. The TSD aims to ensure a minimum harmonization of trade secrets laws in the EU Member States. In Belgium, the TSA consolidated the rules on the protection and enforcement of trade secrets and introduced changes to the Belgian Code of Economic Law, the Belgian Judicial Code and the Act of 3 July 1978 on employment agreements. Trade secrets are important because they cover a very broad spectrum of knowledge and information and offer protection for valuable intellectual capital complementary to protection by intellectual property rights. However, trade secrets...

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