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Date Approaches for Start of EU Trade Secrets Directive
In 2016, concerns about protecting trade secrets in the European Union resulted in Directive (EU) 2016/943 of the European Parliament and of the Council of June 8, 2016. Directive (EU) 2016/943, which will impact the entertainment industry, seeks to protect undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure. A “directive” imposes a binding obligation on member states to implement its provisions, as opposed to a regulation, which has direct binding effect throughout the European Union. Article 19 sets out the deadline for implementation of the trade secrets directive into the law of each member state; the deadline is no later than June 9, 2018.
Brexit
Why is a piece of “catch up” European legislation of interest to entertainment lawyers in the United States? It is of interest because of one word: Brexit. The departure of the United Kingdom raises the distinct possibility that U.S. corporations operating in Europe might have to implement different measures of protection for their trade secrets in the UK than those for their operations in the rest of Europe if the UK does not implement the trade secrets directive.
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