Any information meeting the following criteria is protected as a business secret: 1° It is not, in itself or in the exact configuration and assembly of its elements, generally known or easily accessible to persons familiar with this type of information by virtue of their sector of activity; 2° It has a commercial value, actual or potential, due to its secret nature; > 3° It is the subject of reasonable…
A legitimate holder of a business secret is one who lawfully has control of it.
The following are methods of lawfully obtaining a trade secret: 1° An independent discovery or creation; 2° The observation, study, dismantling or testing of a product or object that has been made available to the public or is lawfully in the possession of the person obtaining the information, unless a contractual stipulation prohibits or limits the obtaining of the secret.
Abtaining a business secret is unlawful when it is done without the consent of its legitimate holder and results from: 1° Unauthorised access to any document, object, material, substance or digital file that contains the secret or from which it can be deduced, or unauthorised appropriation or copying of such items; 2° Any other behaviour considered, given the circumstances, to be unfair and contrary to commercial practice.
The use or disclosure of a business secret is unlawful when it is carried out without the consent of its legitimate holder by a person who has obtained the secret under the conditions mentioned in article L. 151-4 or who acts in breach of an obligation not to disclose the secret or to restrict its use. The production, offering or placing on the market, as well as the import, export…
The obtaining, use or disclosure of a business secret shall also be deemed unlawful where, at the time of obtaining, using or disclosing the secret, a person knew, or ought to have known in the circumstances, that the secret had been obtained, directly or indirectly, from another person who was using or disclosing it unlawfully within the meaning of the first paragraph of Article L. 151-5.
Business secrecy is not enforceable where obtaining, using or disclosing the secrecy is required or authorised by European Union law, international treaties or agreements in force or national law, in particular in the exercise of powers of investigation, control, authorisation or sanction by judicial or administrative authorities.
In proceedings relating to an infringement of business secrecy, secrecy is not enforceable where it was obtained, used or disclosed: 1° To exercise the right to freedom of expression and communication, including respect for freedom of the press, and to freedom of information as proclaimed in the Charter of Fundamental Rights of the European Union; 2° To reveal, with the aim of protecting the general interest and in good faith,…
In proceedings relating to an infringement of business secrecy, secrecy is not enforceable where: 1° The business secret was obtained in the context of the exercise of the right to information and consultation of employees or their representatives; > 2° The disclosure of a business secret by employees to their representatives occurred in the context of the legitimate exercise by the latter of their duties, provided that such disclosure was…
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
Resources
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
Useful links
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.
All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.
