Trade Secrets Law in Finland
Trade Secrets Law in Finland
🇫🇮 Legal Framework
Finland protects trade secrets primarily through the Act on the Protection of Trade Secrets (Laki liikesalaisuuksien suojaamisesta, 2018), which came into effect on July 9, 2018. This law implements the EU Trade Secrets Directive (Directive (EU) 2016/943) into Finnish national law, harmonizing trade secret protection across EU member states.
🔐 Definition of Trade Secrets
Under Finnish law, a trade secret is defined as information that:
Is secret, i.e., not generally known or readily accessible to people normally dealing with this type of information;
Has commercial value because it is secret;
Has been subject to reasonable steps by the rightful holder to keep it secret.
🛡️ Protection Scope
The law protects trade secrets against unlawful acquisition, use, and disclosure. Protection applies if the trade secret is:
Acquired unlawfully (e.g., theft, bribery, breach of confidentiality);
Used or disclosed without authorization, including by breach of contract or employment obligations.
⚖️ Remedies and Enforcement
In case of trade secret misappropriation, the rightful owner may seek:
Injunctions to prevent or stop unauthorized use or disclosure;
Damages to compensate for harm caused;
Corrective measures, including seizure or destruction of infringing goods or materials;
Confidentiality measures during court proceedings to protect the secrecy of the information;
Recovery of profits gained from improper use of the trade secret.
📜 Additional Legal Aspects
Trade secrets are often also protected through contractual agreements such as NDAs and confidentiality clauses in employment contracts.
Criminal penalties may apply in cases involving industrial espionage or other serious breaches.
🌍 International Context
As an EU member state, Finland’s trade secrets law complies fully with the EU Trade Secrets Directive, ensuring harmonized standards of protection across the EU. Finland is also bound by the TRIPS Agreement under the WTO.
Summary Table
| Aspect | Details |
|---|---|
| Legal Basis | Act on the Protection of Trade Secrets (2018) |
| Definition | Secret, commercially valuable information subject to reasonable protection |
| Protection Scope | Against unlawful acquisition, use, and disclosure |
| Remedies | Injunctions, damages, corrective measures, confidentiality in court, recovery of profits |
| Additional Laws | Contract law, criminal penalties |
| International Framework | EU Trade Secrets Directive and TRIPS compliance |
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