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The employee's obligations regarding trade secrets are described in the Employment Contract Act of 3 July 1978. These obligations were amended by the Act of 30 July 2018 regarding the protection of trade secrets, which entered into force on 24 August 2018.
The concept of 'trade secrets' has also been legally defined since that date.
The purpose of the Act of 30 July 2018 is to transpose Directive 2016/943 of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure.
This Directive aims to harmonise the provisions on the protection of trade secrets in order to ensure the same level of protection throughout the European Union.
Before the entry into force of this Act of 30 July 2018, the Act of 3 July 1978 imposed on employees to refrain, both during and after the termination of their employment contract, from disclosing manufacturing secrets, business secrets, as well as secrets related to any personal or confidential matter of which they may have become aware in the course of their professional activity.
However, the concepts of ‘manufacturing secrets’ and ‘business secrets’ were not defined in it.
From now on, the Act of 3 July 1978 imposes on employees to refrain, both during and after the termination of their employment contract, from the unlawful acquisition, use or disclosure of a trade secret of which they may have become aware in the course of their professional activity, as well as to disclose secrets related to any personal or confidential matter of which they may have become aware in the course of their professional activity.
The Act of 30 July 2018 also amends the Code of Economic Law by inserting a definition of the concept of ‘trade secret’.
This is any information:
Examples - Chemical or manufacturing formulas, drawings and models, customer and/or supplier lists, cost prices, financial or accounting results.
The Code of Economic Law, as amended by the Act of 30 July 2018, specifies what is meant by "unlawful acquisition, use or disclosure of a trade secret":
N.B.! Where a trade secret is obtained through the exercise of the right of workers (’ representatives) to information and consultation, the acquisition is not considered unlawful.
Download a model of a trade secret and confidentiality clause on LegalSmart (heading ‘Avenants au contrat de travail‘ (in French) or ‘Bijlagen bij de arbeidsovereenkomst’ (in Dutch)).
Source: Act of 30 July 2018 regarding the protection of trade secrets, Belgian Official Gazette 14 August 2018.
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