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.
On 6 February 2019, the Spanish Senate approved the text of the new Business Secrets Act submitted by the Congress. It will be published in the Official State Gazette (BOE) over the coming days and will come into force 20 days after its publication.
The publication of the New Law in the Official State Gazette (BOE) will take place in the coming days and it will come into force 20 days after its publication.