Trade Secrets Law in Denmark
Here’s an overview of Trade Secrets law in Denmark:
🇩🇰 1. Legal Framework
Denmark protects trade secrets primarily under:
The Danish Act on Trade Secrets (Lov om forretningshemmeligheder), which implemented the EU Trade Secrets Directive (Directive (EU) 2016/943).
Supplementary protection comes from contract law and unfair competition provisions.
Trade secrets are also indirectly protected under civil law provisions related to confidentiality.
2. Definition of Trade Secrets
Under the Danish Act, a trade secret is any information that:
Is secret, meaning not generally known or easily accessible to persons within the relevant circles.
Has commercial value because it is secret.
Is subject to reasonable steps to keep it confidential.
3. Protection Mechanisms
Protection arises from:
Confidentiality agreements (NDAs).
Legal claims against unlawful acquisition, use, or disclosure of trade secrets.
The law covers any type of information, including technical, commercial, or financial information.
4. Enforcement and Remedies
Remedies available include:
Injunctions to prevent further unlawful use or disclosure.
Damages for losses caused.
Destruction or seizure of unlawfully obtained materials.
Danish courts can also order protective measures during litigation to safeguard trade secrets.
5. International Context
Denmark, as an EU member, complies with the EU Trade Secrets Directive, ensuring harmonized protection across the EU.
Denmark is also a member of the World Trade Organization (WTO) and complies with the TRIPS Agreement provisions on trade secrets.
Summary Table
| Aspect | Denmark |
|---|---|
| Dedicated Trade Secrets Law | Yes — Danish Act on Trade Secrets (2018) |
| Definition | Secret, commercial value, reasonable protection |
| Protection Mechanisms | NDAs, civil actions for unlawful use/disclosure |
| Enforcement | Injunctions, damages, destruction/seizure |
| International Obligations | EU Directive, TRIPS Agreement |
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