SpainLey de Secretos Empresariales, Articles 1 to 3 and 9 (Trade Secret Definition, Lawful and Unlawful Acts and Civil Actions)
Ley 1/2019, de 20 de febrero, de Secretos Empresariales, arts. 1 to 3 and 9
In force since .
An unfair competition rule binding public and private bodies.
- Private right of action
- Yes
- Enforcement body
- The holder of the trade secret, through the civil actions of article 9.
- Obligation class
- Prohibition
- Audit expectation
- none
What it requires
- Do not obtain a trade secret without the consent of its holder by unauthorized access to, appropriation of or copying of documents, objects, materials, substances, electronic files or other media that contain the secret or from which it can be deduced, or by any other conduct considered contrary to fair commercial practices (art. 3.1).
- Do not use or disclose a trade secret without the consent of its holder if you obtained it unlawfully, breached a confidentiality agreement or another obligation not to disclose it, or breached a contractual or other obligation limiting its use (art. 3.2).
- Do not obtain, use or disclose a trade secret when you know, or in the circumstances should have known, that it came directly or indirectly from someone using or disclosing it unlawfully (art. 3.3).
- Obtaining a trade secret by observing, studying, dismantling or testing a product or object made available to the public is lawful unless you are subject to an obligation that validly prevents obtaining it that way (art. 2.1(b)).
These lines are LexLint's reading of the law's text.
What it makes you log
Logging duty
Articles 1 to 3 and 9 define a trade secret, say when obtaining, using or disclosing one is lawful or unlawful, and list the civil actions against a violation. They impose no duty to create, keep, produce or review a log or record.
- Kind
- None
- As of
What this law does
A trade secret is information or knowledge that is secret, has business value because it is secret, and has been subject to reasonable measures by its holder to keep it secret. Obtaining a trade secret is lawful when done by independent discovery or creation, or by observing, studying, dismantling or testing a product or object made available to the public, unless the person is subject to an obligation that validly prevents obtaining it that way.
Obtaining a trade secret without the consent of its holder is unlawful when done by unauthorized access to, appropriation of or copying of documents, objects, materials, substances, electronic files or other media that contain the secret or from which it can be deduced, or by any other conduct considered contrary to fair commercial practices.
Using or disclosing a trade secret without the consent of its holder is unlawful when done by a person who obtained it unlawfully, who breached a confidentiality agreement or another obligation not to disclose it, or who breached a contractual or other obligation limiting its use.
Obtaining, using or disclosing a trade secret is also unlawful when the person, at that time, knows or in the circumstances should have known that it came directly or indirectly from someone using or disclosing it unlawfully. The actions and measures of the Act do not lie against acts of obtaining, using or disclosing a trade secret done in exercise of the right to freedom of expression and information.
Against acts of violation of trade secrets the holder may seek, among other things, cessation of the acts or their prohibition. Compensation for damages may be sought where the infringer acted with intent or fault.
When LexLint raises it
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