Trade Secrets Law in Spain
Trade Secrets Law in Spain
1. Legal Framework
Spain protects trade secrets under its national legislation aligned with the EU Trade Secrets Directive (2016/943). The key legal instrument is:
Law 1/2019 of February 20, 2019, on the Protection of Trade Secrets (Ley 1/2019, de 20 de febrero, de Secretos Empresariales)
This law harmonizes Spain’s trade secret protection with EU standards and clarifies the rights and remedies related to trade secrets.
2. Definition of Trade Secret
According to Law 1/2019, a trade secret is information that:
Is secret, meaning it is not generally known or readily accessible to persons within the circles that normally deal with the information;
Has commercial value because it is secret;
Has been subject to reasonable steps by the person lawfully in control to keep it secret.
3. Scope of Protection
Applies to any type of information related to a business, including:
Technical knowledge,
Commercial information,
Business plans,
Customer lists,
Manufacturing processes,
Financial data, etc.
4. Protection and Enforcement
Civil Remedies:
Injunctions to prevent or stop unlawful acquisition, use, or disclosure of trade secrets.
Damages for losses caused by misuse.
Publication of judgments.
Seizure or destruction of infringing goods or documents.
Criminal Law:
Trade secret violations can also lead to criminal prosecution under Spanish Penal Code provisions related to industrial espionage and breach of confidentiality.
Contractual Protection:
NDAs, confidentiality agreements, and employee contracts with confidentiality clauses are common.
5. Burden of Proof and Evidence
The claimant must prove:
The existence of a trade secret,
That reasonable steps were taken to maintain secrecy,
The unauthorized acquisition, use, or disclosure,
Damage suffered.
Spanish courts can order evidence preservation measures to prevent destruction of evidence.
6. Confidentiality in Legal Proceedings
Proceedings related to trade secrets may be conducted in camera (closed sessions) to protect confidentiality.
Courts can issue protective orders limiting disclosure of sensitive information during litigation.
7. Relation to Other Laws
This law supplements but does not replace:
Labor laws regarding employee confidentiality,
Contract law,
Intellectual property laws (patents, copyrights, trademarks),
Competition law.
Summary Table
| Aspect | Spain’s Trade Secrets Law |
|---|---|
| Governing law | Law 1/2019 on the Protection of Trade Secrets |
| Trade secret definition | Secret info with commercial value, reasonable secrecy measures |
| Remedies | Injunctions, damages, evidence preservation, destruction of infringing goods |
| Criminal sanctions | Possible under Penal Code (industrial espionage) |
| Contractual protections | NDAs, employee confidentiality agreements |
| Confidentiality in court | In camera proceedings, protective orders |
Recommendations
Use robust NDAs and confidentiality clauses tailored to Spanish law.
Implement strict internal security measures and training.
In case of litigation, consider protective court orders.
Consult local IP or commercial law specialists for enforcement and drafting.
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