Directive (EU) 2016/943

[Question 1]

Will Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure which came into force on 5th July 2016 have any impact on the common law action of breach of confidence?

I am asked to address the following issues in this opinion:

  1. What is the purpose of Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure?

 

  1. What impact can Directive (EU) 2016/943 have on the common law action of breach of confidence?

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