Protection of Trade Secrets

Trade Secrets

Protecting trade secrets is particularly important in employment as employees hold a privileged position in accessing confidential information.

Legislative Decree 63/ 2018 introduced a series of important civil and penal changes, aimed at providing companies with greater protection against the risk of trade secret theft by employees. 

In order to fully benefit from the greater protection afforded to companies, the latter must implement certain advisable measures beforehand. 

First of all, companies must have a specific regulation aimed at identifying the documents (and, more generally, the information) that can be considered confidential. Then, each of the documents circulating the company must clearly indicate its recipients and its level of secrecy.

From another point of view, it is just as important for companies to be equipped with a specific procedure regulating the use of IT devices under Art. 4 of the Workers' Statute, in order to also guarantee that such use is adequately monitored. 

It's also advisable for companies to insert specific confidentiality clauses in contracts (both employment contracts and service contracts), especially for contracts with parties that enter into contact with the company's trade secrets due to the role they hold. This can be done both at the time in which a contract is drawn up, as well as at a later time, with regard to already existing contracts. 

Legal assistance for the protection of trade secrets

The firm has set up a specialised team which offers companies the necessary assistance for protecting trade secrets. The firm's services consist in an audit of the existing situation at the company and, thereafter, in the drafting of all vital measures for guaranteeing the maximum protection of trade secrets, including therein the policy for the use of IT devices. 

Legal assistance for the protection of trade secrets: the cost

The service is offered on the basis of a pre-arranged fee that takes into account certain variables such as the size of the company, the type of business it operates and, therefore, the amount of trade secrets it has to protect.

Who can I contact to find out more?

To find out how our firm can help your company, please get in touch with  Stefano de Luca Tamajo (), Partner at the firm and the Head of the firm's team dedicated to the protection of trade secrets.