Cosmin A. Popescu – Law Office

The Government has decided to introduce a legal way to protect business information (trade secrets)

Government Emergency Ordinance no. 25/2019 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure, as well as for the amendment and completion of some normative acts.

The Government has decided to introduce a legal way to protect business information (trade secrets)

Government Emergency Ordinance no. 25/2019 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure, as well as for the amendment and completion of some normative acts.

The Government has decided, in order to ensure Romania’s compliance with the obligation to transpose into national legislation Directive (EU) 2016/943 Of The European Parliament and of the Council of 8th June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure, to adopt an Emergency Ordinance that ensures the protection of trade secrets and the adequate mechanisms to ensure access to court, in the event of illegal acquisition, use and disclosure of trade secrets.

According the Ordinance, the commercial secret is defined as being any information that is secret, in the sense that it is not, as a body or in the precise configuration and assembly of its components, generally known among or readily accessible to persons within the circles that normally deal with the kind of information in question. The ‘infringer’ is any natural or legal person who has unlawfully acquired, used or disclosed a trade secret.

In order to protect the trade secret, the trade secret holder can request for the competent judicial authorities to take measures against the alleged infringer. These authorities may order provisional and precautionary measures against the alleged infringer, guarantees intended to ensure the compensation of the trade secret holder, or punitive measures in the event of unlawful acquisition, use or disclosure of trade secrets, as well as he prohibition of the production, offering, placing on the market or use of infringing goods, or the importation, export or storage of infringing goods for those purposes.

Failure to comply with the measures ordered by the Court may be sanctioned by a civil fine that can reach up to 1% of the turnover for legal persons but also with imprisonment from 3 months to 2 years or with a criminal fine for natural persons.

The legislative provisions mentioned above are in force on 19.04.2019. To update the information please contact us.