Trade Secrets Law in Austria
Trade Secrets Law in Austria
🇦🇹 Legal Framework
Austria protects trade secrets primarily under the Austrian Act on the Protection of Trade Secrets (Geschäftsgeheimnisgesetz - GeschGehG), which came into force on July 1, 2019. This law implements the EU Trade Secrets Directive (Directive (EU) 2016/943) into Austrian national law, aligning Austria’s trade secret protection with EU standards.
🛡️ Definition of Trade Secrets
Under the Austrian Trade Secrets Act, a trade secret is defined as any information that:
Is secret, meaning it is not generally known or easily accessible to persons within the circles that normally deal with this kind of information;
Has commercial value because it is secret;
Has been subject to reasonable steps by the rightful holder to keep it secret.
This definition aligns closely with the EU Trade Secrets Directive.
🔐 Protection Scope
The law protects trade secrets against unlawful acquisition, use, and disclosure. Protection applies if the trade secret is obtained through:
Theft, bribery, or deception;
Breach of confidentiality agreements or other duties;
Any other unlawful means.
⚖️ Remedies and Enforcement
If a trade secret is misappropriated, the trade secret holder may seek:
Injunctions to prevent or stop further misuse;
Damages for losses caused by the unlawful use or disclosure;
Corrective measures, such as the destruction or recall of infringing products;
Measures to preserve confidentiality during court proceedings.
📜 Additional Relevant Laws
Austrian Civil Code (Allgemeines bürgerliches Gesetzbuch - ABGB): Governs contractual confidentiality agreements.
Criminal Law: Misuse of trade secrets may be punishable under criminal law provisions related to breach of business secrets or industrial espionage.
🌍 International Alignment
Austria, as a member of the European Union, follows the EU Trade Secrets Directive, which ensures harmonized trade secret protection across member states, enhancing legal certainty for businesses operating transnationally within the EU.
Summary Table
| Aspect | Details |
|---|---|
| Legal Basis | Austrian Trade Secrets Act (GeschGehG), effective July 1, 2019 |
| Definition | Information that is secret, commercially valuable, and reasonably protected |
| Protection Scope | Against unlawful acquisition, use, or disclosure |
| Remedies | Injunctions, damages, corrective measures, confidentiality in court |
| Additional Laws | Austrian Civil Code, criminal provisions on business secrecy |
| International Framework | EU Trade Secrets Directive compliance |
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