Trade Secrets Directive 2016/943, Article 4(3): use in breach of a confidentiality or limit-use duty (Directive (EU) 2016/943, Art 4(3))
A buyer that uses a licensed secret beyond the licence is acting unlawfully, which gives the holder a claim in the EU. This is a reason to write purpose limits and confidentiality into the licence.
Dated 18 Oct 2026Source checked 18 Oct 2026Basis: primary text
In the source's own words
“The use or disclosure of a trade secret shall be considered unlawful whenever carried out, without the consent of the trade secret holder, by a person who is found to meet any of the following conditions: (a) having acquired the trade secret unlawfully; (b) being in breach of a confidentiality agreement or any other duty not to disclose the trade secret; (c) being in breach of a contractual or any other duty to limit the use of the trade secret.”
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