Summary: | The need for protection of trade secrets has increased in line with the development of technology. Thus, this paper will examine parts of the Trade Secrets Directive and examine how these had been implemented in Swedish law. The result of this study shows that, despite the implementation of the Directive, there may be uncertainties in connection with the definitions of the terms because these can differ between the EU Directive and the Swedish law to a greater or lesser extent. In addition to this, the focus will be to find out when a former employee canbe held liable for misappropriation of trade secrets. Regarding this, a former employee, after the termination of employment, is free to use the information he acquired during the employment. However, the line between trade secrets and employee knowledge and skills earned during the job, is not always easy to distinguish. Though, if the conditions are such that “particular reasons” are considered to exist, an employee can be held liable for damage.
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