Looking forward | Newly validated: the law on business secrets
Published on :
19/10/2018
19
October
Oct
10
2018
The new French law on the protection of business secrets has been approved. While providing protection for companies, it also provides for exceptions to business secrecy, particularly for staff representatives and whistleblowers.
Protected Information
The legal protection concerns any information that meets the following 3 criteria:
- Information that cannot be, in itself or in the exact configuration and assembly of its elements, generally known or easily accessible for those familiar with this type of information because of their sector of activity;
- Information that has commercial value, effective or potential, because of its secrecy;
- Is subject to reasonable protection by its rightful holder, in the circumstances, to preserve its secrecy.
A business secret is protected against its unlawful collection, use and disclosure.
However, some exceptions are set out by the law. The first of these concerns the staff representatives.
Business secrecy cannot be opposed in the case of a dispute on the subject:
- when the obtaining of business secrecy occurred in the exercise of the right to information and consultation of employees or their representatives;
- when the disclosure of the confidentiality of cases by employees to their representatives took place in the context of the legitimate exercise of their functions, insofar as this disclosure was necessary for this exercise.
History
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Van Olmen & Wynant’s Employment Forum: Employment contracts in the public sector
Published on : 13/11/2018 13 November Nov 11 2018L&E GlobalNews / Breakfast BriefingsVan Olmen & Wynant (L&E Global Belgium), together with the Belgian Institute...Source : leglobal.org
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Looking forward | Newly validated: the law on business secrets
Published on : 19/10/2018 19 October Oct 10 2018Newsletter / Looking FowardThe new French law on the protection of business secrets has been approved. W...
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Recent case law | Non-Compete Clauses in Groups: A surprising decision from the Supreme Court
Published on : 19/10/2018 19 October Oct 10 2018Newsletter / Recent Case LawA recent ruling from the French supreme court has brought some clarification...
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New Legislation | In depth look: the loi Pacte and its effect on company staff thresholds
Published on : 19/10/2018 19 October Oct 10 2018NewsNewsletter / New legislationAfter reforming French labour law, President Macron’s government speeds ahead...
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New Legislation | In brief: The right to error
Published on : 19/10/2018 19 October Oct 10 2018NewsNewsletter / New legislationThe French government just passed a law that changes the rules for companies...
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Do’s & Don’ts | This month: Lump sum agreements in days
Published on : 19/10/2018 19 October Oct 10 2018NewsNewsletter / Do’s and Dont’sThe lump sum agreement in days, known as "forfait jours", allows for high lev...
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The principle of equality does not prevent employers from giving a 13th month bonus exclusively to executives
Published on : 15/10/2018 15 October Oct 10 2018NewsNewsletter / Recent Case LawCompany agreements may provide that special benefits are reserved for certain...
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Webinar: Sexual harassment in the workplace: cross-border perspectives webinar
Published on : 11/10/2018 11 October Oct 10 2018NewsNews / WebinarsNews / Webinars / Replay webinarsThis webinar will address a range of crucial questions relating to workplace...
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Webinar: Opening Up Shop, solutions to the challenges of opening in a new jurisdiction: Europe - insights in (1) Labour and employment requirements; (2) Corporate requirements; and (3) Payroll and Benefits Providers
Published on : 19/09/2018 19 September Sep 09 2018NewsNews / WebinarsNews / Webinars / Replay webinarsInsights Labour and employment requirements Corporate requirements...
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The administration recognizes the ”right to make a mistake”
Published on : 14/09/2018 14 September Sep 09 2018NewsA law of August 10, 2018 establishes a right to make mistakes in order to imp...