# Directive (EU) 2016/943 — protection of undisclosed know-how and business information (trade secrets) URL: https://consilena.com/coverage/laws/ksrc_q6m6cw61qqyj7zsw - Jurisdiction: European Union - Type: Directive - Identifier: 32016L0943 - Current as of: 15 June 2016 - Provisions: 21 - Official text: https://eur-lex.europa.eu/eli/dir/2016/943/oj > The library is a research copy. Check the official source before relying on a provision: the text published there, not the copy in Consilena, is the law. ## Provisions - **Publication of judicial decisions**: 1. Member States shall ensure that, in legal proceedings instituted for the unlawful acquisition, use or disclosure of a… - **Entry into force**: This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. - **Definitions**: For the purposes of this Directive, the following definitions apply: (1) ‘trade secret’ means information which meets all of the following… - **Preservation of confidentiality of trade secrets in the course of legal proceedings**: 1. Member States shall ensure that the parties, their lawyers or other… - **Exchange of information and correspondents**: For the purpose of promoting cooperation, including the exchange of information, among Member States and between… - **Lawful acquisition, use and disclosure of trade secrets**: 1. The acquisition of a trade secret shall be considered lawful when the trade secret is obtained by… - **Conditions of application and safeguards**: 1. Member States shall ensure that the competent judicial authorities have, in respect of the measures referred to in… - **General obligation**: 1. Member States shall provide for the measures, procedures and remedies necessary to ensure the availability of civil redress against the… - **Provisional and precautionary measures**: — Article 10 — Provisional and precautionary measures 1. Member States shall ensure that the competent judicial authorities may, at the request of the trade… - **Injunctions and corrective measures**: 1. Member States shall ensure that, where a judicial decision taken on the merits of the case finds that there has been… - **Proportionality and abuse of process**: 1. The measures, procedures and remedies provided for in this Directive shall be applied in a manner that: (a) is… - **Damages**: 1. Member States shall ensure that the competent judicial authorities, upon the request of the injured party, order an infringer who knew or ought to… - **Sanctions for non-compliance with this Directive**: Member States shall ensure that the competent judicial authorities may impose sanctions on any person who… - **Unlawful acquisition, use and disclosure of trade secrets**: 1. Member States shall ensure that trade secret holders are entitled to apply for the measures… - **Addressees**: This Directive is addressed to the Member States. - **Exceptions**: Member States shall ensure that an application for the measures, procedures and remedies provided for in this Directive is dismissed where the… - **Transposition**: 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 9 June… - **Limitation period**: 1. Member States shall, in accordance with this Article, lay down rules on the limitation periods applicable to substantive claims and… - **Reports**: 1. By 9 June 2021, the European Union Intellectual Property Office, in the context of the activities of the European Observatory on Infringements of… - **Subject matter and scope**: — Article 1 — Subject matter and scope 1. This Directive lays down rules on the protection against the unlawful acquisition, use and disclosure of trade… - **Conditions of application, safeguards and alternative measures**: 1. Member States shall ensure that, in considering an application for the adoption of the… - **Injunctions and corrective measures**: 4. The competent judicial authorities shall order that the measures referred to in points (c) and (d) of paragraph 1 be… - **Subject matter and scope**: — Article 1 — Subject matter and scope (3) is ensured. 2. This Directive shall not affect: (a) the exercise of the right to freedom of expression and… - **Preservation of confidentiality of trade secrets in the course of legal proceedings**: 2. Member States shall also ensure that the competent judicial authorities… - **Conditions of application and safeguards**: 3. Member States shall ensure that the measures referred to in Article 10 are revoked or otherwise cease to have… - **Unlawful acquisition, use and disclosure of trade secrets**: 5. The production, offering or placing on the market of infringing goods, or the importation, export… - **Preservation of confidentiality of trade secrets in the course of legal proceedings**: 3. When deciding on the measures referred to in paragraph 2 and assessing… - **Conditions of application and safeguards**: (1) of Article 2, for reasons that cannot be attributed to the respondent. 4. Member States shall ensure that the… --- Consilena is a software provider, not a law firm. AI output is not legal advice: consult a licensed lawyer in the relevant jurisdiction. Page: https://consilena.com/coverage/laws/ksrc_q6m6cw61qqyj7zsw. Index of every page: https://consilena.com/llms.txt.