Trade Secrets and Whistleblower Protection in the European Union

Abstract

(Series Information) European Papers - A Journal on Law and Integration, 2016 1(3), 1061-1072 | European Forum Insight of 3 September 2016 | (Table of Contents) I. Introduction. - II. EU trade secrets directive: increasing the susceptibility of whistleblowers? - III. Whistleblower protection: necessary for accountability and internal market. - IV. Conclusion. | (Abstract) The recently adopted Trade Secrets Directive aims to increase incentives for cross-border innovation activities and business competitiveness in the European Union. Yet, the Directive has been controversial and criticized for failing to provide adequate safeguards for whistleblowers, i.e. individuals who expose information in the public interest. This insight offers a legal analysis of interlinks between protection of trade secrets and whistleblower protection and questions whether the Directive increases the susceptibility of whistleblowers. Furthermore, despite the prima facie antagonism between trade secrets and whistleblowing, this insight shows that their rationale for improving the EU internal market is shared, and points to the necessity of across-the-board EU protection of whistleblowers alongside trade secrets protection.

Keywords

• trade secrets
• whistleblower protection
• eu
• directive
• internal market
• freedom of expression