The New Trade Secrets Act

The New Trade Secrets Act

The new Slovenian Trade Secrets Act was published in the Official Gazette of the Republic of Slovenia on 5 April 2019 and will enter into force on 20 April, 2019.

The new Act transposes the EU Directive 2016/943 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure into the Slovenian law and brings some changes to the current definition of what constitutes a trade secret, makes a clearer distinction between the lawful and unlawful acquisition, use and disclosure of trade secrets and regulates the judicial protection in the event of violations and the conditions and circumstances for issuing the interim measures for immediate protection of business secret.

Prior to the adoption of the new Act, the Slovenian legislation determined trade secrets in the Companies Act (ZGD-1), which also governed their protection. Contrary to the Companies Act, the new Act requires the trade secret holder to undertake reasonable steps  to keep the information secret (e.g. adopt appropriate internal acts, implement trade secret protection program) in order for it to be considered and protected as trade secret.

SEE Legal’s Slovenian member, SELIH & PARTNERJI Law Firm is therefore encouraging the companies to quickly respond to the changes by adopting appropriate internal acts or revisiting the existing internal acts in order to ensure that all important trade secrets are adequately protected.

The new Slovenian Trade Secrets Act was published in the Official Gazette of the Republic of Slovenia on 5 April 2019 and will enter into force on 20 April, 2019.

The new Act transposes the EU Directive 2016/943 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure into the Slovenian law and brings some changes to the current definition of what constitutes a trade secret, makes a clearer distinction between the lawful and unlawful acquisition, use and disclosure of trade secrets and regulates the judicial protection in the event of violations and the conditions and circumstances for issuing the interim measures for immediate protection of business secret.

Prior to the adoption of the new Act, the Slovenian legislation determined trade secrets in the Companies Act (ZGD-1), which also governed their protection. Contrary to the Companies Act, the new Act requires the trade secret holder to undertake reasonable steps  to keep the information secret (e.g. adopt appropriate internal acts, implement trade secret protection program) in order for it to be considered and protected as trade secret.

SEE Legal’s Slovenian member, SELIH & PARTNERJI Law Firm is therefore encouraging the companies to quickly respond to the changes by adopting appropriate internal acts or revisiting the existing internal acts in order to ensure that all important trade secrets are adequately protected.