CASE COMMENTS: PUBLIC ACTIONS – FRANCE – ENTREPRENEURIAL FREEDOM – IMPLEMENTING ACT – BUSINESS PROTECTION

Business protection: The French Constitutional Council rules that the business secret protection Act implementing directive 2016/943 of June 8th, 2018 on the protection of undisclosed know-how and business information against their unlawful acquisition does not breach the Constitution (Law on trade secrets)

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. The Law on the Protection of Business Secrecy, adopted by the Senate on 21 June 2018, was referred to the Constitutional Council by more than sixty deputies and sixty senators. These actions, brought in the context of the a priori litigation (DC), concerned Article 1 of this law, which transposes into national law Directive 2016/943/EU of 8 June 2016 on the protection of know-how and undisclosed commercial information. This decision raises the delicate question of the control exercised by the Constitutional Council over a law transposing a European directive. Article 1 of the Transposition Act inserts a Title V in Book 1 C. com. Entitled

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  • University Paris II Panthéon‑Assas

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Jeremy Martinez, Business protection: The French Constitutional Council rules that the business secret protection Act implementing directive 2016/943 of June 8th, 2018 on the protection of undisclosed know-how and business information against their unlawful acquisition does not breach the Constitution (Law on trade secrets), 26 July 2018, Concurrences N° 4-2018, Art. N° 88209, pp. 197-199

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