Trade secrets are a crucial tool for global firms today, including those that do business within the European Union (“EU”). The 2016 European Union Trade Secret Directive (“Directive”) attempted to establish uniform trade secret protection across all twenty-eight EU Member States but created problems in its wake. In particular, the Directive put no restrictions on whether Member States could specify certain “reasonable steps” that businesses must take in order to be afforded trade secret protection. This Article argues that Member States should be required to follow the trade secret definition laid out in Article 2 of the Directive and not be allowed to implement specific heightened criteria for the “reasonable steps” prong. This approach would allow trade secret protection among all Member States to remain fair and predictable for businesses that practice within any of the individual States and would better ensure that the Directive accomplish its stated purpose.
Tripping Over the EU Trade Secret Directive: "Reasonable Steps" to Get Back on Track,
Chi.-Kent J. Intell. Prop.
Available at: https://scholarship.kentlaw.iit.edu/ckjip/vol19/iss1/11