How are business secrets protected in the courts?
Business secrecy, a strategic tool

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FIC1755 V1 Practical sheet

How are business secrets protected in the courts?


Business secrecy, a strategic tool

Author : Charlotte MONTAUD

Publication date: January 10, 2022 | Lire en français

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6. How are business secrets protected in the courts?

In any civil or commercial proceeding involving an investigative measure, a party or third party may allege that the disclosure of a document may infringe business confidentiality.

They do not therefore apply to proceedings before the criminal courts.

6.1 Measures the judge can take

The loi n° 2018-670 du 30 juillet 2018 website, on the protection of business secrecy, provides that the judge may then take various measures, ex officio or at the request of the parties or a third party, if the protection of this secrecy cannot be ensured otherwise and without prejudice to the exercise of the rights of defense....

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