Trade Secrets Law in Romania
Certainly! Here's an overview of Trade Secrets Law in Romania:
🇷🇴 Trade Secrets Law in Romania
1. Legal Framework
Trade secrets in Romania are primarily governed by:
Law No. 11/1991 on the Fight Against Unfair Competition (amended several times)
Law No. 344/2018 which transposes EU Directive 2016/943 on the protection of undisclosed know-how and business information (trade secrets)
These laws align Romanian legislation with EU standards for trade secret protection.
2. Definition of Trade Secret
According to Romanian law, a trade secret is information that:
Is not generally known or easily accessible to persons within the circles that usually deal with such information.
Has actual or potential commercial value because it is secret.
Has been subject to reasonable steps by the person lawfully in control of the information to keep it secret.
Examples include: technical knowledge, formulas, business strategies, client databases, manufacturing methods, etc.
3. What Constitutes Unlawful Acts
The law prohibits:
Unlawful acquisition of a trade secret (e.g., through theft, bribery, deception, breach of contract or confidentiality).
Unlawful use or disclosure of a trade secret by someone who knew or should have known the information was obtained unlawfully.
4. Exceptions (Lawful Acts)
The following do not violate trade secret law:
Independent discovery or creation of the same information.
Reverse engineering of a lawfully acquired product (unless contractually restricted).
Whistleblowing: disclosure made to expose illegal or unethical activities (in the public interest).
Exercise of freedom of expression and journalistic freedom.
5. Enforcement and Remedies
Rightful trade secret holders may file a civil lawsuit seeking:
Injunctions to stop use or disclosure.
Seizure or destruction of materials containing the trade secret.
Monetary compensation for damages.
Restoration of the situation prior to the breach.
Courts can also impose confidentiality during proceedings to prevent further exposure of the trade secret.
6. Employment Context
Employees are legally bound to protect trade secrets both during and after employment.
Employers should use:
Confidentiality clauses in contracts.
Non-disclosure agreements (NDAs).
Restrictive covenants where applicable (e.g., non-compete clauses).
Summary
Romania has a modern and EU-compliant legal framework for trade secrets, focusing on:
Protecting commercially valuable confidential information.
Allowing enforcement through civil actions and injunctions.
Encouraging businesses to take reasonable confidentiality measures.
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