Trade Secrets Law in Tunisia
In Tunisia, the protection of trade secrets is governed by Law No. 2018-670, enacted on July 30, 2018. This legislation aligns with international standards, including the EU Directive 2016/943 on the protection of trade secrets, and provides a comprehensive legal framework for safeguarding confidential business information.
🔐 Definition of Trade Secrets
Under Article 2 of Law No. 2018-670, a trade secret is defined as:
Information—including technical, industrial, commercial, or organizational data—that is not publicly known and has economic value;
Subject to reasonable measures by its rightful holder to keep it secret.
This encompasses a broad range of business information, such as formulas, processes, customer lists, and marketing strategies.
⚖️ Protection Against Unlawful Acquisition, Use, or Disclosure
Article 3 of the law outlines that the unlawful acquisition, use, or disclosure of a trade secret constitutes an infringement. Such acts include:
Unauthorized access, appropriation, or copying of documents or materials containing the trade secret;
Breach of confidentiality agreements or other obligations not to disclose or limit the use of the trade secret;
Acquisition from a third party who obtained the trade secret unlawfully.
The law extends its scope to include the exploitation of products that significantly result from an infringement of trade secrets, provided the person knew or ought to have known that the secret was used unlawfully .
🛡️ Civil Remedies and Enforcement
Law No. 2018-670 provides several remedies for the protection of trade secrets:
Injunctions: Courts may order the cessation of unlawful acts and prohibit the further use or disclosure of the trade secret.
Destruction or Seizure: Infringing goods or documents may be destroyed or seized.
Damages: Trade secret holders may claim compensation for actual damages suffered due to the infringement.
Publication of Court Decisions: Courts may order the publication of decisions related to trade secret infringements to inform the public and deter future violations.
These measures aim to provide effective legal recourse for businesses whose trade secrets have been misappropriated.
🧾 Exceptions and Derogations
The law recognizes certain exceptions where the disclosure of a trade secret may be justified:
Public Interest: Disclosure necessary to protect the public interest, such as in cases of public health or safety.
Freedom of Expression: Disclosure made in the exercise of the right to freedom of expression and information, including respect for the freedom and pluralism of the media.
Employee Rights: Disclosure by workers to their representatives as part of their legitimate exercise of functions, provided it is necessary for that exercise .
These exceptions ensure a balance between protecting trade secrets and upholding other fundamental rights.
📌 Practical Considerations for Businesses
To effectively protect trade secrets in Tunisia, businesses should:
Implement Confidentiality Agreements: Use non-disclosure agreements (NDAs) with employees, contractors, and business partners.
Restrict Access: Limit access to sensitive information to authorized personnel only.
Secure Storage: Utilize physical and digital security measures to protect confidential data.
Employee Training: Educate staff on the importance of trade secret protection and the legal implications of unauthorized disclosure.
Regular Audits: Conduct regular audits to identify and address potential vulnerabilities in information security.
✅ Summary Table
| Aspect | Details |
|---|---|
| Legal Basis | Law No. 2018-670 (July 30, 2018) |
| Definition of Trade Secret | Not publicly known, has economic value, subject to reasonable measures to keep it secret |
| Unlawful Acts | Unauthorized acquisition, use, or disclosure; exploitation of infringing products |
| Civil Remedies | Injunctions, destruction/seizure, damages, publication of court decisions |
| Exceptions | Public interest, freedom of expression, employee rights |
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