INTRA/CP/CP006Civil recovery and injunctive action
Proceedings brought by the organization to recover what was taken or to restrain its use.
| Control | Jurisdiction | Source | What it establishes | Prerequisite or recommendation |
|---|---|---|---|---|
| CP006/EUMandatory | European Union | Directive (EU) 2016/943 on trade secretsEuropean Parliament and Council · read 24 Sep 2026 | That unauthorised access to or copying of files containing a trade secret is an unlawful acquisition of it, that a holder may apply for measures to prevent or obtain redress, that a court finding an unlawful acquisition, use or disclosure may order it to cease and the documents to be destroyed, and that damages follow the actual prejudice, with a power for Member States to limit what an employee owes their employer where the employee acted without intent. | Acquiring a trade secret without the holder’s consent by unauthorised access to, appropriation of, or copying of electronic files lawfully under their control is unlawful, and the holder may apply for measures to prevent it or obtain redress. A court finding the acquisition, use or disclosure unlawful may order it to cease and the files containing the secret to be destroyed, and damages follow the actual prejudice. The protection holds only where the holder took reasonable steps to keep the information secret, and Member States may limit what an employee owes their employer where the employee acted without intent. |
