Trade Secrets Law in Norway
Here’s a summary of Trade Secrets Law in Norway:
1. Legal Framework
Norway protects trade secrets primarily under the Norwegian Trade Secrets Act (Lov om vern av forretningshemmeligheter), which came into force on 1 July 2018. This law implements the EU Trade Secrets Directive (2016/943) into Norwegian law.
Other relevant laws include:
The Norwegian Marketing Control Act (related to unfair competition)
The Norwegian Contracts Act
Relevant provisions under criminal law for theft and unauthorized disclosure
2. Definition of Trade Secrets
The Trade Secrets Act defines a trade secret as:
Information that is secret in the sense that it is not generally known or readily accessible to people normally dealing with such information
Has commercial value because it is secret
Has been subject to reasonable measures to keep it confidential
Trade secrets can include technical, commercial, organizational, or financial information.
3. Protection Scope
The law protects trade secrets against:
Acquisition, use, or disclosure in violation of honest commercial practices
Unauthorized access, copying, or theft
Breach of confidentiality agreements by employees, contractors, or business partners
4. Rights and Obligations
The holder of a trade secret has the right to prevent others from using or disclosing the secret without consent.
Parties who lawfully possess trade secrets must maintain confidentiality and refrain from unauthorized use.
The Act encourages companies to adopt reasonable security measures, including confidentiality clauses and internal controls.
5. Legal Remedies
Trade secret owners can seek:
Injunctions to stop unlawful use or disclosure
Damages for losses suffered due to misuse
Orders for destruction or recall of unlawfully obtained materials
Disclosure of information about the origin of the trade secret breach (e.g., the identity of the person who leaked it)
6. Criminal Sanctions
Norwegian criminal law can apply for theft or breach involving trade secrets, including penalties such as fines or imprisonment.
7. Enforcement
Cases are typically handled by the Norwegian courts.
The Act provides for confidentiality protection during litigation to protect the trade secrets involved.
Parties must prove that the information is a trade secret and that reasonable efforts were made to keep it confidential.
8. International Context
Though not an EU member, Norway is part of the European Economic Area (EEA) and thus harmonizes its laws with EU directives such as the Trade Secrets Directive.
Norway is also a member of:
WIPO (World Intellectual Property Organization)
WTO (World Trade Organization)
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