Trade secrets refer to all information of a technical, commercial, financial, or other nature that:
- is confidential (i.e., not generally known or readily accessible),
- has commercial value precisely because it is secret,
- has been subject to reasonable measures by its lawful holder to keep it secret.
Trade secrets may therefore cover a wide range of information, all of which share a common characteristic: sensitivity. This includes, for example, manufacturing processes, marketing methods, know-how, non-patented information, the chemical formula of a product (such as ®Coca-Cola), financial data, customer databases and pricing policies, as well as documentation relating to mergers and acquisitions or fundraising transactions, etc.
Legal Framework
Since the adoption of Directive (EU) 2016–943 of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets), and its transposition into French law by Law No. 2018–670 of 30 July 2018, trade secrets benefit from explicit and strengthened legal protection.
This framework is codified under Articles L. 151–1 et seq. of the French Commercial Code.
Our Support
Protecting such information is a major strategic issue for any company seeking to preserve its competitive advantage.
Our firm assists clients in implementing appropriate protection mechanisms, in particular through:
- the structuring of internal confidentiality policies,
- the drafting and negotiation of non-disclosure agreements (NDAs) with employees, subcontractors, or business partners,
- litigation support and representation in the event of trade secret misappropriation before the competent courts.