Trade Secrets Law in Netherlands
Trade Secrets Law in the Netherlands
1. Legal Framework
The protection of trade secrets in the Netherlands is primarily governed by:
Trade Secrets Directive Implementation Act (Wet bescherming bedrijfsgeheimen) — Implemented on July 7, 2018
This law transposes the EU Trade Secrets Directive (Directive (EU) 2016/943) into Dutch national law, providing a harmonized framework for trade secret protection across the EU.
Dutch Civil Code (Burgerlijk Wetboek)
Contains general principles of contract law and tort law relevant to protecting confidential information.
2. Definition of Trade Secrets
Under the Dutch Trade Secrets Act (Wet bescherming bedrijfsgeheimen):
A trade secret is information that:
Is secret in the sense that it is not generally known or easily accessible to people who normally deal with this kind of information,
Has commercial value because it is secret,
Has been subject to reasonable steps by its holder to keep it secret.
3. Protection Provided
The law protects against unlawful acquisition, use, or disclosure of trade secrets. This includes:
Theft, bribery, or deception to acquire trade secrets,
Breach of confidentiality agreements,
Disclosure or use of trade secrets without the owner’s consent.
4. Enforcement and Remedies
If trade secrets are misappropriated, the trade secret owner can seek:
Injunctions: To prevent further use or disclosure of the trade secret,
Damages: Compensation for losses caused by the breach,
Seizure or Destruction: Of infringing goods or documents,
Publication of Judgment: To counteract damage to reputation,
Criminal Sanctions: In certain cases (e.g., theft or industrial espionage).
5. Relation with Other Laws
The Trade Secrets Act complements existing laws such as contract law (e.g., NDAs) and intellectual property laws.
It applies regardless of whether the trade secret qualifies for patent or copyright protection.
6. Practical Considerations
Businesses are expected to take reasonable measures to keep information secret (e.g., confidentiality agreements, access restrictions).
Protection lasts as long as the information remains secret and has economic value.
Summary Table
| Aspect | Details |
|---|---|
| Governing Law | Trade Secrets Act (2018), Dutch Civil Code |
| Definition | Secret, commercially valuable, reasonable secrecy measures |
| Protection Against | Unlawful acquisition, use, or disclosure |
| Remedies | Injunctions, damages, destruction, publication of judgment |
| Relation to EU Law | Implements EU Trade Secrets Directive |
| Requirements for Protection | Reasonable steps to keep info confidential |
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