Section 4: Exceptions to the protection of business secrecy

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…