The Trade Secrets (Enforcement, etc.) Regulations 2018 come into force today, implementing the EU Trade Secrets Directive alongside the existing common law of confidence.
Under the Regulations, a trade secret is information that:
- is secret;
- has commercial value because it is secret; and
- has been subject to reasonable steps to keep it secret.
That third test is where information security becomes critical. Classification schemes, access controls, confidentiality agreements, secure handling procedures and monitoring are the evidence that you have taken reasonable steps. Without them, you may struggle to enforce your rights if valuable information is taken or misused.
Source: Trade Secrets (Enforcement, etc.) Regulations 2018 (legislation.gov.uk)
This update is general information, not legal advice. If you would like help assessing the impact on your information security or privacy programme, contact us.
