Brussels, 19/12/2014 (Agence Europe) - Some 15 NGOs have taken up arms against the regulatory framework proposed by the European Commission to protect business secrecy.
The draft directive is currently being examined by the European Parliament and the Council of the EU. These associations, led by the organisation Corporate Europe, recommend that they treat the protection of business secrecy as an exception to the right to make free use of information and to disseminate it.
In a statement, these NGOs are calling for a 'radical' change to the draft directive. The Council has already adopted its negotiation mandate (EUROPE 11088) and the Parliament is beginning its legislative procedure, with Constance Le Grip (EPP, France) at the helm (EUROPE 11177). The European legislator is urged to limit the definition of business secrecy and to ensure that the safeguards and exceptions laid down are strengthened, to ensure that data of public interest cannot end up falling under the scope of protection of these secrets.
These associations criticise what they described as an 'imbalanced' legislative proposal, which could endanger the freedom of expression, corporate responsibility and the sharing of information within the EU. The definition of the concept of 'business secrecy” is, they argue, too broad. Potentially, any element of a company could be considered as such. This broad concept would make it possible to take action against anybody for the illegal acquisition or use of such secrets. The associations are concerned that the protection for consumers, workers, journalists, whistleblowers or researchers is inadequate.
The Commission's initial objective was to set in place a framework conducive to innovation and this would compromise collaboration in Europe. In particular, the NGOs flag up the risk that the directive could go against competitiveness and lead to anti-competitive behaviour. They also regret the broad support from multinationals for this draft legislation. They go on to warn of the risk that commercial secrecy protection standards could be included in the TTIP negotiations on a free-trade agreement between the EU and the US. (MD)