What is protected under business secrecy?
Business secrecy, a strategic tool

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FIC1755 V1 Practical sheet

What is protected under business secrecy?


Business secrecy, a strategic tool

Author : Charlotte MONTAUD

Publication date: January 10, 2022 | Lire en français

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1. What is protected under business secrecy?

Under the terms of la loi n° 2018-670 du 30 juillet 2018 , on the protection of business secrets, any information meeting the following three criteria is protected as a business secret:

  • it is not, in itself or in the exact configuration and assembly of its elements, generally known or easily accessible to persons familiar with this type of information due to their sector of activity;

  • it has a commercial value, actual or potential, because of its secret nature;

  • it is subject to reasonable safeguards by its rightful owner, given the circumstances, to preserve its secrecy.

This text is codified at

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