Trilogue negotiations on the Commission's proposal for a Trade Secrets Directive: legal uncertainty endangers access to information and worker mobility

The document argues that the proposed Trade Secrets Directive lacks sufficient clarity and scope limitations, potentially chilling the activities of journalists, whistleblowers, and workers' representatives. It specifically calls for protections for disclosures related to public health and the environment, alignment with the UN Aarhus Convention, and safeguards to ensure that employees' honestly acquired skills are not classified as trade secrets.

• The authors argue that the proposed directive fails to limit its scope to commercial practices as required by Article 39 of the TRIPS Agreement, creating uncertainty that may prevent the disclosure of information regarding the impact of production processes and products on the environment and public health.
• The document claims the directive's current framework for whistleblower protection is too restrictive and could undermine existing national regimes in Ireland and the UK, suggesting instead a test based on the whistleblower's 'reasonable belief' that the information is accurate, regardless of motivation.
• The coalition expresses concern that the directive could restrict worker mobility by allowing employers to sue for compensatory damages when employees use skills acquired during employment, advocating for a clarification that honestly acquired experience and skills are not trade secrets.
• The authors emphasize that the directive must not obstruct access to environmental information as mandated by the UN Aarhus Convention, arguing that the final text must explicitly refer to the full body of EU law implementing this convention.

APA

ClientEarth (2015). Trilogue negotiations on the Commission's proposal for a Trade Secrets Directive: legal uncertainty endangers access to information and worker mobility. https://www.clientearth.org/media/wjohp2ty/legal-uncertainty-endangers-access-to-information-and-worker-mobility-ngo-letter-on-third-trilogue-of-trade-secrets-directive-coll-en.pdf

Chicago

ClientEarth. Trilogue negotiations on the Commission's proposal for a Trade Secrets Directive: legal uncertainty endangers access to information and worker mobility. 2015. https://www.clientearth.org/media/wjohp2ty/legal-uncertainty-endangers-access-to-information-and-worker-mobility-ngo-letter-on-third-trilogue-of-trade-secrets-directive-coll-en.pdf.

Wikipedia

{{cite press release |author=ClientEarth |title=Trilogue negotiations on the Commission's proposal for a Trade Secrets Directive: legal uncertainty endangers access to information and worker mobility |date=3 December 2015 |url=https://www.clientearth.org/media/wjohp2ty/legal-uncertainty-endangers-access-to-information-and-worker-mobility-ngo-letter-on-third-trilogue-of-trade-secrets-directive-coll-en.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@misc{clientearth2015trilogue, author = {{ClientEarth}}, title = {{Trilogue negotiations on the Commission's proposal for a Trade Secrets Directive: legal uncertainty endangers access to information and worker mobility}}, publisher = {ClientEarth}, year = {2015}, month = dec, url = {https://www.clientearth.org/media/wjohp2ty/legal-uncertainty-endangers-access-to-information-and-worker-mobility-ngo-letter-on-third-trilogue-of-trade-secrets-directive-coll-en.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }