Belgium
26.09.2018
The new Trade Secret Law implementing the TSD came into force on 22 August 2018.
Czech Republic
21.05.2018
The amendment to the Act on Enforcement of Industrial Property Rights transposing the Directive came into force on 28 December 2018.
Denmark
26.09.2018
The implementing legislation is the Trade Secrets Act (Law no. 309 of 25 April 2018). The Act was adopted on 25 April 2018.
Finland
26.09.2018
The new Trade Secret Law implementing the TSD came into force on 15 August 2018.
France
28.01.2019
The bill was voted and adopted by the Parliament on 14 and 21 June 2018. It is the outcome of a lengthy process. Prior to that, the bill had been amended several times and numerous auditions of third parties and professional organizations had been held, especially since trade secrets are a very sensitive subject matter in France (with a strong lobby from journalists and other whistleblowers).
However, a motion challenging the compliance of the voted bill with the French Constitution was filed before the Constitutional Court (Conseil Constitutionnel). By a decision handed down on 26 July 2018, the Court upheld the constitutionality of the provisions of the aforesaid bill.
The bill was finally enacted under No 2018-670 on 30 July 2018. A Decree No 2018-1126 implementing some provisions of the new Trade Secret Act has been adopted on 11 December 2018 to finalize the legislative process.
Germany
26.09.2018
The German parliament accepted the draft of the new Act on the protection of trade secrets on 21 March 2019. The new Act is based on the draft 19/4724 with the latest amendments as presented in 19/8300. The new Act must now be reviewed by the Bundesrat. The Act is expected to be in force within the second or third quarter of 2019.
Hungary
26.09.2018
The provisions of the Trade Secret Act implements the rules of the Directive. On 7 November 2017 the Government submitted the draft of the Trade Secret Act to the Parliament. On 20 July 2018 the Hungarian Parliament passed bill No T/386 implementing the TSD which was published in the Hungarian Official Journal on 31 July 2018 as Act 54 of 2018 on Protection of Trade Secrets. The new act is applicable as of 08 August 2018.
Italy
26.09.2018
On May 11, 2018 the President of the Italian Republic approved the law implementing the TSD issued by the Italian Government. The law – named Legislative Decree n. 63 of May 11, 2018 – was published in the Italian Official Journal on June 7, 2018.
Netherlands
21.05.2019
The legislative process has been completed.
Poland
26.09.2018
The bill amending the Act on Combating Unfair Competition was passed by the Sejm (lower house of the Parliament) on 5 July 2018 and signed into law by the President on 8 August 2018.
Slovakia
26.09.2018
The legislative process has been completed.
Spain
06.02.2019
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.
Sweden
26.09.2018
The implementing legislation was adopted by the Swedish Riksdag on 23 May 2018.
UK
26.09.2018
The implementing legislation is contained in The Trade Secrets (Enforcement, etc.) Regulations 2018 [2018 No. 597] ("the Regulations"), which were laid before Parliament on 18 May 2018.
