Trade Secrets Law in Malta
Here’s an overview of Trade Secrets Law in Malta:
🇲🇹 Trade Secrets Law in Malta
1. Legal Framework
Malta has specific legislation protecting trade secrets in line with the European Union standards.
The primary law is the Protection of Trade Secrets Act, Chapter 440A, enacted in 2018, implementing the EU Directive (EU) 2016/943 on the protection of undisclosed know-how and business information (trade secrets).
Malta’s law harmonizes with EU-wide rules on trade secret protection.
Malta is also bound by the WTO TRIPS Agreement, which sets international standards.
2. Definition of Trade Secrets
Under Maltese law (Protection of Trade Secrets Act):
A trade secret is information which:
Is secret — not generally known or readily accessible to persons within circles normally dealing with the kind of information in question,
Has commercial value because it is secret,
Has been subject to reasonable steps to keep it secret by the person lawfully controlling the information.
Examples: technical data, business strategies, manufacturing processes, customer lists.
3. Scope of Protection
Protection covers:
Misappropriation by acquisition, use, or disclosure without consent,
Employees, former employees, business partners, or third parties.
Protection applies regardless of the form or medium of the trade secret (written, oral, electronic).
4. Enforcement and Remedies
Remedies for trade secret misappropriation include:
Injunctions to prevent use or disclosure,
Damages for losses incurred,
Account of profits derived from misuse,
Seizure or destruction of infringing goods or materials,
Corrective measures such as public apologies or notifications.
Courts may also order preservation of confidentiality during legal proceedings.
5. Relevant Laws and Treaties
| Law / Treaty | Role |
|---|---|
| Protection of Trade Secrets Act (2018) | Implements EU Directive on trade secrets |
| Industrial Property Laws | Support broader IP rights |
| WTO/TRIPS Agreement | International IP protection standards |
| EU Directive 2016/943 | Sets EU harmonized standards for trade secrets |
6. Summary Table
| Aspect | Details |
|---|---|
| Specific Trade Secrets Law | Yes; Protection of Trade Secrets Act (2018) |
| Definition | Secret, commercially valuable info, with reasonable secrecy measures |
| Protection basis | Prohibits unlawful acquisition, use, or disclosure |
| Enforcement | Injunctions, damages, seizure, corrective measures |
| International obligations | EU Directive, WTO/TRIPS |
RELATED Blog
0 comments