Yes. The law of 30 July 2018 on the Protection of Business Secrecy (resulting from the transposition of an EU Directive) specifies the situations in which infringement of trade secrets does not result in criminal penalties.
According to Article L.151-8 of French Commercial Code: "In proceedings relating to an infringement of trade secrets, secrecy cannot be invoked when it has been obtained, used or disclosed:
- 1° To exercise the right to freedom of expression and communication, including respect of press freedom and information freedom as proclaimed in the Charter of Fundamental Rights of the European Union;
- 2° To reveal, in order to protect the general interest and in good faith, illegal activity, misconduct or reprehensible behaviour, including during the exercise of the whistleblower’s right as defined in Article 6 of Law n°2016-1691 of 9 December 2016 on transparency, the fight against corruption and the modernisation of economic life;
- 3° For the protection of a legitimate interest recognised by European Union law or national law.
This article refers to Article 6 of the law of 9 December 2016 ("Sapin 2"), which was recently amended by the law of 21 March 2022 and aims at improving the protection of whistleblowers. As a reminder, this law defines as a whistleblower "a person who reports or discloses, without direct financial consideration and in good faith, information relating to a crime, an offence, a threat or harm to the general interest, a violation or an attempt to hide a violation of an international commitment regularly ratified or approved by France, of a unilateral act of an international organisation taken on the basis of such a commitment, of the European law, of the law or of the regulations."
In addition, according to Article L151-9 of French Commercial Code, trade secrets is not enforceable if:
- The business secret was obtained in the context of the exercise of the right to information and the consultation of employees or their representatives;
- The disclosure of the trade secret by employees to their representatives occurred within the framework of the legitimate exercise by the latter of their functions, provided that this disclosure was necessary for this exercise.
This protection is strictly limited to employees and representatives who have knowledge of the information thus obtained or disclosed. However, other persons remain subject to trade secrets (particularly when the information has been reported to an employee or a representative who was not the recipient of the initial information).
Any dilatory use or abuse committed by a natural or legal person may entail the payment of a civil fine (paid to the Public Treasury), the amount of which may not exceed 20% of the amount of the claim for damages. In the absence of a claim for damages, the amount of the civil fine may not exceed EUR 60,000. In addition, damages may be awarded to the natural or legal person who is the victim of the violation of trade secrets.
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