Before the implementation of the Trade Secrets Directive (TSD) in Belgium, the theft and illegal use of trade secrets were dealt with in three different areas of Belgian law: criminal law, the law relating to employment agreements and case law relating to unfair trade practices.
The Belgian process of implementation of the TSD was conducted via the Belgian Government who proposed a Bill to the Belgian Parliament. That Bill did not propose changes to the current criminal law or create a new type of intellectual property right. However, it would introduce a specific chapter regarding the protection of trade secrets into the Code of Economic Law. It would also create a specific cause of action arising from the unlawful obtaining, use and dissemination of a trade secret, that will be conducted via a so-called "fast track action" whereby the court rules on the merits in an accelerated action but can only issue an injunction, and not damages. Belgian law relating to employment agreements would also be amended to include the definition of a trade secret as contained in the TSD.
In general, trade secrets have been protected in Slovakia by the Slovak Commercial Code (Act no. 513/1991 Coll. as amended). The Slovak legislator therefore did not introduce a new law on trade secrets but rather decided to implement the Trade Secrets Directive by amending the existing set of laws. The implementing measures clarify what an infringement of a trade secret is, widen its scope and specify further protection.
The implementation has been done by means of a new special statutory law that has been approved by the Senate on 6 February 2019.
Until the New Law enters into force, trade secret infringement is ruled in the Spanish Unfair Competition Act (Article 13) and there are several rules to protect trade secrets in the framework of Spanish civil and criminal judicial procedures.
In addition, the Spanish Criminal Code foresees criminal relief for the most serious trade secrets infringements (Articles 278 and 279 of the Criminal Code). This will not be modified with the implementation of the Directive.
Since 1990, Sweden has had an Act on Protection of Trade Secrets, which provides protection against the unlawful acquisition, use or disclosure of trade secrets. The 1990 Act already met most of the requirements of the Directive.
However, in order to implement the Directive, a number of legislative changes will be made. This will be done mainly through the replacement of the 1990 Act with a new Act on Trade Secrets. Changes will also be made to the Code of Judicial Procedure, to the Public Access to Information and Secrecy Act, and to the Act on Measures to Prevent Certain Particularly Serious Crimes.