Dutch Trade Secrets Act

On 23 October 2018, the Dutch Trade Secrets Act (Wet bescherming bedrijfsgeheimen, "Trade Secrets Act") has entered into force.

The Trade Secrets Act implements the EU Trade Secrets Directive (Directive 2016/943/EU), which sets out rules for the protection of Trade Secrets.

Dutch Trade Secrets Act in short

The Trade Secrets Act defines a 'Trade Secret' as information that is: 1. Secret, this means that it is not generally known among or readily accessible to persons within the circle that normally deal with the kind of information in question; 2. Commercially valuable because it is secret; 3. Subject to reasonable steps under the circumstances, by the person lawfully in control of the information, to keep it secret.

The Trade Secrets Act contains measures and remedies to enforce Trade Secrets. For example, the Trade Secret holder can claim an injunction against further use or disclosure of a Trade Secret. Furthermore, the Trade Secret Acts provides various remedies against 'infringing goods', meaning goods the design, characteristics, functioning, production process or marketing of which significantly benefits from Trade Secrets unlawfully acquired, used or disclosed.

Full cost award

The Trades Secret Act includes the possibility for the Court to grant the winning party a full cost award of all reasonable and equitable legal costs and other costs, similar to the full cost award in intellectual property right cases.