Trade Secrets Law in Andorra
Andorra has established a legal framework for the protection of trade secrets through Law 29/2018, enacted on July 30, 2018. This law aligns with the European Union's Directive 2016/943, aiming to harmonize national rules for the protection of trade secrets across EU member states. Although Andorra is not an EU member, it has adopted this law to enhance the protection of undisclosed know-how and business information against unlawful acquisition, use, and disclosure .
🧠 Definition of Trade Secrets
Under Law 29/2018, a trade secret is defined by three cumulative criteria:
Confidentiality: The information is not generally known or readily accessible to persons within the circles that normally deal with the kind of information in question.
Commercial Value: The information has commercial value because it is secret.
Reasonable Measures: The holder of the information has taken reasonable steps to keep it secret.(
This definition is consistent with the EU Directive and underscores the importance of maintaining confidentiality to secure trade secret protection.
⚖️ Unlawful Acquisition, Use, or Disclosure
The law specifies that the acquisition, use, or disclosure of a trade secret is unlawful when carried out by
Unauthorized Access: Accessing the trade secret without consent.
Breach of Confidentiality: Disclosing the trade secret in violation of a confidentiality agreement.
Improper Means: Using improper means to acquire, use, or disclose the trade secret.
These provisions aim to protect trade secrets from various forms of misappropriation and ensure that businesses can safeguard their proprietary information effectively.
🛡️ Legal Remedies and Enforcement
Law 29/2018 provides several legal remedies for trade secret holders in case of infringement:
Injunctive Relief: Courts can issue orders to prevent further unlawful use or disclosure of trade secrets.
Damages: Trade secret holders may claim compensation for damages resulting from the infringement.(njt.hu)
Destruction of Infringing Goods: Courts can order the destruction of goods that infringe upon trade secrets.
Disclosure of Information: In some cases, courts may require the infringer to disclose information about the origin of the infringing goods .
These measures are designed to provide effective protection and deterrence against trade secret misappropriation.
🧭 Practical Considerations for Businesses
To effectively protect trade secrets under Andorran law, businesses should:
Implement Confidentiality Agreements: Ensure that employees, contractors, and business partners sign non-disclosure agreements (NDAs) to legally bind them to confidentiality.
Establish Internal Controls: Limit access to sensitive information to authorized personnel only and implement security measures to prevent unauthorized access.
Regular Audits and Monitoring: Conduct regular audits to identify and address potential vulnerabilities in the protection of trade secrets.
Legal Recourse: Be prepared to take legal action if trade secrets are unlawfully acquired, used, or disclosed, utilizing the remedies provided under Law 29/2018.
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