Article 5 Exceptions
Member States shall ensure that an application for the measures, procedures and remedies provided for in this Directive is dismissed where the alleged acquisition, use or disclosure of the trade secret was carried out in any of the following cases: (a)
for exercising the right to freedom of expression and information as set out in the Charter, including respect for the freedom and pluralism of the media; (b)
for revealing misconduct, wrongdoing or illegal activity, provided that the respondent acted for the purpose of protecting the general public interest; (c)
disclosure by workers to their representatives as part of the legitimate exercise by those representatives of their functions in accordance with Union or national law, provided that such disclosure was necessary for that exercise; (d)
for the purpose of protecting a legitimate interest recognised by Union or national law.
- Introduction
- Directive 2016/943
- Subject matter and scope Article 1 Subject matter and scope
- Article 2 Definitions
- Lawful acquisition, use and disclosure of trade secrets
- Article 4 Unlawful acquisition, use and disclosure of trade secrets
- Article 5 Exceptions
- Measures, procedures and remedies Section 1 General provisions Article 6 General obligation
- Article 7 Proportionality and abuse of process
- Implied contractual obligations of an employee
- Equitable duty of confidence
- Vicarious liability of an employer
- Clarification of the issues in dispute
- The witnesses
- Whether the information relied on by Trailfinders was confidential
- The duties owed by Mr La Gette and Mr Bishop
- Relevant acts by Mr La Gette
- Relevant acts by Mr Bishop
- Overlap data
- Whether Mr La Gette was in breach of confidence
- Whether Mr Bishop was in breach of confidence
- Alleged breach of confidence by TCL
- Agency and employment
- Conclusion