What are the exceptions to the protection of business secrecy?
Business secrecy, a strategic tool

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FIC1755 V1 Practical sheet

What are the exceptions to the protection of business secrecy?


Business secrecy, a strategic tool

Author : Charlotte MONTAUD

Publication date: January 10, 2022 | Lire en français

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4. What are the exceptions to the protection of business secrecy?

In several cases, business secrecy is not enforceable when the obtaining, use or disclosure of the business secret is :

  • required or authorized by EU law, international treaties or agreements in force or national law, in particular in the context of investigations, controls, authorizations or sanctions by judicial or administrative authorities;

  • intervened to exercise the right to freedom of expression and communication, freedom of the press and freedom of information;

  • in the legitimate exercise of their functions, provided that such disclosure was necessary for the exercise of those functions;

  • intervened to reveal, with the aim of protecting the general interest and in good faith, illegal activity, misconduct or reprehensible behavior, including...

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