Article 3

Lawful acquisition, use and disclosure of trade secrets

1.  The acquisition of a trade secret shall be considered lawful when the trade secret is obtained by any of the following means:

a.   independent discovery or creation;

b.  observation, study, disassembly or testing of a product or object that has been made available to the public or that is lawfully in the possession of the acquirer of the information who is free from any legally valid duty to limit the acquisition of the trade secret;

c.  exercise of the right of workers or workers' representatives to information and consultation in accordance with Union law and national laws and practices;

d.  any other practice which, under the circumstances, is in conformity with honest commercial practices.


2.  The acquisition, use or disclosure of a trade secret shall be considered lawful to the extent that such acquisition, use or disclosure is required or allowed by Union or national law.

Suitable Recitals

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