23 April 2018

The act on trade secrets has been adopted

The parliament has adopted the bill on trade secrets, which will come into force on 9 June 2018.

The Act on trade secrets implements the EU Directive on trade secrets and will strengthen the protection of trade secrets and create uniform terms for the business community across the EU.

At the same time, the new Act will gather the Danish regulation of trade secrets in one act thereby making it easier for Danish companies to get an overview of the rules on protection of trade secrets.

For more information about the directive: New rules on trade secrets in the pipeline

DEFINITION OF TRADE SECRET

As a new element, the Act contains a definition of the concept “trade secret”.

Trade secrets are defined as information which is not common knowledge among people normally involved with this kind of information. Further, the information must have a market value because it is secret, and the owner of the information must have made reasonable measures to keep the information secret.

SECTION 23 OF THE MARKETING PRACTICES ACT IS ABOLISHED

When the Act on trade secrets comes into force, section 23 of the Marketing Practices Act on trade secrets and technical drawings etc. will be repealed.

Instead, the provision will be continued in section 4 of the new Act on acquisition, use and disclosure of trade secrets, and the amendment to the Marketing Practices Act will therefore not result in any actual changes of applicable law. In addition to the protection against misuse of trade secrets by persons with legal access to the business (for instance employees, consultants, guests and suppliers), section 4 of the Act on trade secrets also provides protection against misuse due to trespassing.

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The Eastern High Court surprisingly concluded that an attorney and partner at a law firm did not enjoy employee status and was therefore not covered by the Salaried Employees Act, the Holiday Act or the Contract of Employment Act.

Smoking police/policy - what is the employer allowed to do?

3 February 2016

Two new rulings clarify the scope of the employer's right to lay down smoking policies and impose sanctions in connection with violation of these policies.

Lifting of trade sanctions against Iran - possibilities and risks

29 January 2016

On 16 January 2016, the International Atomic Energy Agency (IAEA) stated that Iran had met the requirements for lifting of EU and US trade sanctions against the country. This opens the way for new trade possibilities with Iranian players; however, still subject to certain risks.

Amendments to the Trade Act with effect from 1 January 2016

21 January 2016

The amendments will ease the establishment of operational activities in the Greenlandic market - making the establishment of new as well as international business activity in Greenland more favourable.

New online dispute portal and requirements for web shops

19 January 2016

In the future, all Danish and EU web shops must link to the pan-European online dispute portal ODR (Online Dispute Resolution). ODR will be available from 15 February 2016.

New survey: Horten among the best within trademarks

18 January 2016

The recognised international magazine World Trademark Review (WTR) elects Horten as one of the country's leading advisers within trademark law.

Update Employment Law

3 September 2014

No age discrimination

19 December 2011