Article 5


Member States shall ensure that an application for the measures, procedures and remedies provided for in this

Directive is dismissed where the alleged acquisition, use or disclosure of the trade secret was carried out in any of the

following cases:

a.  for exercising the right to freedom of expression and information as set out in the Charter, including respect for the freedom and pluralism of the media;

b.  for revealing misconduct, wrongdoing or illegal activity, provided that the respondent acted for the purpose of protecting the general public interest;

c.  disclosure by workers to their representatives as part of the legitimate exercise by those representatives of their functions in accordance with Union or national law, provided that such disclosure was necessary for that exercise;

d.  for the purpose of protecting a legitimate interest recognised by Union or national law.


Suitable Recitals

19  20