Slovenia Adopts Trade Secrets Act

On April 20, 2019, the Trade Secrets Act entered into force in Slovenia, transposing the Directive (EU) 2016/943 on the protection of undisclosed know-how and business information (trade secrets) into Slovenian legislation.

Before the Act entered into force, trade secrets were regulated by the Companies Act and the Employment Relationships Act. Their subject matter was defined in broader terms, leaving room for various court interpretations.

Under the new act, a trade secret is defined as undisclosed expert knowledge, experience or business information that is not generally known or easily accessible, that has a certain market value and for which sufficient measures have been taken to keep it a secret.

Apart from defining trade secrets, the Act lays down the rules for their lawful and unlawful acquisition, use and disclosure, and the rules for maintaining their confidentiality in and after court proceedings. The Act also provides trade secret holders with a number of measures to be used in the event of trade secret misappropriation, including compensatory damages.

Prepared by: Maja Žnidarič

For more information, please contact slovenia@petosevic.com.

Sources: Slovenian legal information system website pisrs.si, Slovenian Ministry of Economic Development and Technology website