Trade Secrets Law in Belgium
Here’s an overview of Trade Secrets Law in Belgium:
Trade Secrets Law in Belgium
1. Legal Framework
Belgium implemented trade secrets protection through the Law of 30 July 2018 on the Protection of Trade Secrets, which transposes the EU Directive 2016/943 into Belgian law.
This law came into effect on 1 September 2018.
It complements other relevant laws such as the Belgian Penal Code (for criminal sanctions) and Civil Code (for contractual obligations).
2. Definition of Trade Secrets
Under Belgian law, a trade secret is defined as information that:
Is secret (not generally known or readily accessible),
Has commercial value because it is secret,
Has been subject to reasonable steps by the person lawfully controlling it to keep it secret.
Trade secrets may include technical information, business strategies, customer data, production methods, and more.
3. Protection Scope
The law protects trade secrets against:
Unlawful acquisition (theft, bribery, deception),
Unlawful use,
Unlawful disclosure.
4. Reasonable Steps
To benefit from protection, the trade secret owner must have taken reasonable steps to maintain confidentiality, such as:
Non-disclosure agreements,
Restricted access,
Security measures.
5. Enforcement and Remedies
Belgian law provides for:
Civil remedies such as injunctions, damages, and orders for destruction or recall of infringing goods,
Criminal penalties for serious breaches, including fines and imprisonment,
Measures to preserve confidentiality during legal proceedings.
6. Relation to Other Laws
The Trade Secrets Law operates alongside other IP protections and contractual law.
Employment contracts commonly include confidentiality clauses to protect trade secrets.
The law also aligns with EU competition rules to combat unfair business practices involving trade secrets.
7. International Context
Belgium complies with the EU Directive 2016/943 on trade secrets.
As an EU and WIPO member, Belgium’s trade secrets regime is harmonized with international IP standards.
Summary
| Aspect | Details |
|---|---|
| Governing Law | Law of 30 July 2018 on Protection of Trade Secrets |
| Definition | Secret, commercial value, reasonable steps |
| Protection Against | Unlawful acquisition, use, disclosure |
| Requirements | Reasonable secrecy measures |
| Remedies | Injunctions, damages, criminal penalties |
| International Framework | EU Directive 2016/943, WIPO |
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