Brussels, 26/05/2014 (Agence Europe) - Better protection of business secrets at European level was the subject of a first general approach at the Competitiveness Council on Monday 26 May. The document will form the basis for the negotiations that follow with the European Parliament and which has still not yet defined its position on this issue.
Ministers for competitiveness now have a strong mandate for these negotiations, having approved the compromise proposed by the Greek Presidency by a very wide majority.
It was a matter of approving a European directive which will serve as the reference framework for legal action to protect business secrets. This harmonisation is necessary, with 20% of European businesses saying that they have been the victims of the theft or attempted theft of secrets over the past ten years, stated European Commissioner for the Internal Market Michel Barnier. He added that “there are many examples that illustrate our weakness because there is no protection”. This draft directive provides a clear definition of business secrets, their illegal use and the minimum provisions to be taken into account during legal procedures. Legal proceedings should begin within six months of a complaint being lodged and trade secret confidentiality should be guaranteed throughout proceedings.
Member states unanimously agree that harmonisation of national legal frameworks is useful. Some delegations, however, have slight misgivings that could again come to the fore during negotiations with the European Parliament. Sweden and Finland have said that national legislation on protecting workers should be taken into account in the final legislation, particularly in the context of whistle blowing. Hungary also expressed doubts about one of the articles on the illegal acquisition of business secrets, which would not apply in the framework of legitimate exercise of freedom of expression.
Parliament did not have the time during the previous legislature to begin its work on this dossier but it is expected to tackle it after the summer recess. Commissioner Michel Barnier believes that the directive could be finalised by the end of the year. (MD)