1 February, 2019

Proposed new Trade Secrets Act

The Government of the Republic of Slovenia determined the wording of the proposed Trade Secrets Act and sent it to the National Assembly for consideration and adoption. Currently the Slovenian legislation determines trade secrets in the Companies Act (ZGD-1), which also governs their protection, while the provisions relating to trade secrets or their protection are also included in some sectoral laws, namely in the Public Information Access Act (ZDIJZ), the Employment Relationship Act (ZDR-1), the Prevention of Restriction of Competition Act (ZPOmK-1), the Penal Code (KZ-1) and the Code of Obligations (OZ).

The adoption of the proposed law would implement into the Slovenian legal order the Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 and provide a comprehensive regulation of trade secrets. Namely, the proposal of the act defines trade secrets, determines the procedures and measures in case of unlawful disclosure of trade secrets, regulates judicial protection, and also contains provisions for maintaining the confidentiality of trade secrets in court proceedings. The adoption of the proposed law would thus bring better legal protection to respective beneficiaries, as the dispersed rules, included in the currently valid legislation of the Republic of Slovenia, do not provide it adequately.

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