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Legislative Update: Implementation of the Trade Secrets Directive – A New Trade Secrets Act Proposed in Finland

Liikejuridiikka 1/2018 s. 170–188
26.3.2018
Muu kirjoitus

The use of trade secrets as a form of protection for valuable data is likely to grow in the modern digital economy. Despite the fact that the significance of trade secrets in the modern digital economy has been recognized, the current national legislation varies between the Member States of the EU. Currently, only Sweden has enacted specific legislation for the protection of trade secrets. In Finland, the protection of trade secrets is currently all but uniform; provisions can be found in several different laws with varying scope of protection and enforcement mechanisms.

On 8 June 2016, following the proposal from the European Commission, the European Parliament and the Council adopted the Directive (EU) 2016/943 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure (TSD). The aim of the TSD is to harmonize the protection of trade secrets in the Member States. This article addresses a few questions of particular interest related to the implementation of the TSD in Finland. (Edilex-toimitus)

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