SPAIN: Entry into force of Law 1/2019, of February 20, on Trade Secrets

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Entry into force of Law 1/2019, of February 20, on Trade Secrets

Law 1/2019 of 20 February on Trade Secrets was published in the Official State Gazette of 21 February.

According to its recitals, innovative businesses are increasingly exposed to dishonest practices aimed at misappropriating trade secrets (theft, unauthorised copying, economic espionage or the breach of confidentiality requirements). Therefore, the unlawful acquisition, use or disclosure of a trade secret compromises legitimate trade secret holder's ability to obtain first-mover returns from their innovation-related efforts.

This Law aims to ensure that competition based on undisclosed know-how and business information is adequately protected, ensuring that innovation and creativity are not discouraged.

This new Law, whose most important aspects we now list, aims to fulfill the obligation to transpose the European Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016.  read more