Luxembourg's New TS Law

On July 2, 2019, Luxembourg’s Trade Secrets Law took effect, implementing EU Directive 2016/943.

The Law of 26 June 2019 on trade secrets essentially adopted the Directive verbatim. Now, Luxembourg has a legal definition of “trade secrets” and protection of trade secrets during relevant judicial proceedings. Remedies such as prohibitory injunctions, damages, and corrective measures are available, but they “are time-barred after two years from the time the trade secret holder becomes aware of the unlawful acquisition, use or disclosure of the trade secret and of the infringer’s identity.” Relevant exceptions such as whistleblower protection and the right to freedom of expression and information are also included in this new law.

The text of Luxembourg’s Trade Secrets Law may be found here.