Belgium: Law of July 30, 2018, on the Protection of Trade Secrets

August 24, 2018

Belgium: The Law of July 30, 2018, on the Protection of Trade Secrets was published in the Official Gazette on August 14, 2018, and entered into force on August 24, 2018.

This Act implements the Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure, which aims to harmonize and increase the levels of protection for trade secrets across EU member states.

The Act introduces amendments to the Code of Economic Law, the Judicial Code, and the Law on Employment Contracts, which inter alia: (i) establish new legal actions, including cessation of unlawful use or disclosure, recall from the market, destruction or return of infringing goods, compensation for damages to the trade secret holders, etc.; and (ii) strengthen the protection of the confidentiality of trade secrets in the course of legal proceedings.