The BOE nº45, of February 21, publishes the expected Act on Business Secrets, which will come into force after the usual vacatio legis of twenty days. This law transposes to the Spanish legislation Directive (EU) 2016/943 of the European Parliament and of the Council, of June 8, 2016, relative to the protection of undisclosed technical knowledge and business information (trade secrets) against obtaining it, illicit use and disclosure. The provisions of this law give the holder of business secrecy a subjective right of a patrimonial nature, susceptible to be transmitted, in particular, of transfer or transfer with a definitive title and license or exploitation authorization with the objective, material, territorial scope and temporary that in each case is agreed upon. This law also contains an open catalog of defense actions against the violation of business secrecy and regulates the calculation of compensation for damages, in line with the patent infringement; and establishes a period of prescription of 3 years for its exercise. Finally, procedural matters (1) incorporate rules to preserve the confidentiality of business secrets that are contributed or generated in the process; (2) steps are set up to verify facts, access to sources of evidence held by the counterparty or third parties and, where appropriate, evidence assurance; and (3) special rules are incorporated in the matter of protective custody, as well as specialties in relation to the substitute bond. It should be noted that the abuse of right or reckless exercise of actions in matters of industrial secrecy may be sanctioned by the Court.
César represents the interests of national and foreign clients in civil and mercantile matters, conducting and providing suitable vehicles for investments in Spain. Apart of it, he is specialist in Companies Reestructuring, and gathers years of experience in the procedural representation of international companies before Spanish Jurisdiction, from insurance companies to technology start-ups. He has been also appointed as expert in Spanish Law by British Courts, and requested his intervention in lawsuits conducted before them. César is also lecturer of Mercantile Law in well-known Business Schools in Madrid.
- 21 February, 2019