The Directive shall be implemented within the framework of the Austrian Unfair Competition Act (Gesetz gegen den unlauteren Wettbewerb – "UWG"), namely in the §§ 26a - 26j UWG.
As Austrian laws have only provided a handful of regulations on the protection of trade secrets so far, the implementation of the Directive will bring major novelties for trade secret holders.
Except for minor amendments, the regulations of the Directive will be implemented directly into national law. The most essential change that comes with the implementation of the Directive is probably the legal definition of a trade secret in Art 2 para 1 of the Directive, since Austrian law did not provide such a definition so far. Furthermore, major novelties are the regulations concerning the protection of trade secrets during legal proceedings which shall also be implemented within the framework of the UWG.
Currently, the proposed draft is under review by interested groups with the possibility to submit their observations to the draft until July 27, 2018. Thereupon, the final version of the provisions to adopt the Austrian law can be expected by September.
Just to name a few, the most import provisions dealing with the protection of trade secrets under the new Austrian law are as follows: The Austrian law will provide trade secret holders with existing remedies as claims for cease-and-desist pursuant to § 14 UWG and claims for damages pursuant to § 16 UWG, but also trade secret holders with new remedies as claims for the destruction of infringing products and documents, which include or are based on the trade secret (new § 26g UWG), or are to receive injunctions against the unlawful acquisition, use or disclosure of a trade secret (new § 26i UWG).