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August 2018

This summer, the Belgian Act of 30 July 2018 on the protection of trade secrets was formally adopted and published. The new Act transposes the EU Trade Secrets Directive N° 2016/943 into Belgian law. The Act gives judges the power to pass provisional and protective measures, and to issue injunctions and corrective measures to protect trade secrets, and also allows them to issue cease-and-desist orders in the event of an impending acquisition of trade secrets. In addition, the new Act provides for a specific limitation period and establishes confidentiality provisions in legal proceedings. Sanctions for non-compliance include judicial fines and penalty payments. The new Belgian Act entered into effect at the end of August 2018.