Brussels, 15/10/2014 (Agence Europe) - MEPs resumed work on the harmonised European framework for protecting business secrecy. The exchange of views on the draft directive at the European Parliament's legal affairs committee (JURI), on Tuesday 13 October, highlighted the elements that still need to be improved in the Commission proposal.
Overall, MEPs are broadly in favour of guaranteeing protection of knowledge and know-how. This reassured companies, particularly the smaller ones, that they would maintain a competitive advantage. Constance Legrip (EPP, France), the rapporteur on the issue, said that the Commission's initial proposal constituted an interesting basis for work. Nonetheless, she noted that some concepts clashed, such as the freedoms of expression and enterprise, the need for transparency and security. Legrip will attempt to strike the right balance between respect for these concepts and an appropriate distribution of national and European competences in this area. She explained that harmonising the European framework did not mean “returning to the regulation on contractual relations with stakeholders” or “intervening in member states' social organisation”. Legrip believes that elements for defining trade secrets can be improved and clarification made as to what represents a legal or illegal acquisition. The last suggestion was supported by several MEPs.
Julia Reda (Greens/EFA, Germany) called for more attention to be paid to exceptions for disclosing trade secrets on the basis of the freedom of expression.
The Council has already reached a position on the proposal (see EUROPE 11088) and Legrip would like to “move quickly” but without rushing the deadline. She will present her draft report in mid- January and amendments will be discussed in February, with a vote in March. A public hearing will soon be organised on this issue. (MD)