Company secret under greater protection

Publication / 31.10.2018

The Act on Amendments to the Act on Combating Unfair Competition and Certain Other Acts of July 5, 2018. ( Dz.U. of 2018, item 1637) introduces greater protection for company secrets. The aforementioned amendment, implements Directive 2016/943 of June 8, 2016 on the protection of secret know-how and undisclosed commercial information against their unlawful acquisition, use and disclosure into the Polish legal order.

As a result of the amendment, disappears the restriction that the prohibition on disclosing company’s confidential information applies to an employee for three years after the termination of the employment relationship. The amendment also expands the sanctions for committing such a tort, and if it would qualify over and above as a crime, the limitation period for a claim for damages cannot end later than 20 years from the time of committing it. The introduced changes are primarily aimed at increasing the protection of companies in the European Union, establishing a unified minimum standard for this protection and pursuing a policy of fair competition by entrepreneurs.