Who can lawfully hold and/or obtain business secrets?

The legitimate holder of the secret is "the person who lawfully has control over it" ( article L. 151-2 du Code de commerce ).

The legislator was careful to dispense with the notion of ownership of information, preferring instead that of lawful control, so as to include those who hold the secret without actually owning the information itself.

The legitimate holder of a business secret is the person (natural person or legal entity) who has control over it and is therefore entitled to claim the benefit of the legal protection of this secret, and has standing to act in the event of infringement of the secret under his or her control.

Unlike an industrial property title, such as a patent,...