Balancing trade secret protection and employee mobility

January 1, 2026Open Access

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Key Points

The aim is to assess the balance between protecting trade secrets and allowing employee mobility within EU law.
Conducted a legal dogmatic and comparative analysis of the EU trade secret protection directive (2016/943).
Analyzed definitions and rules regarding trade secrets, lawful and unlawful acquisition, and distinctions between protected secrets and general know-how.
Evaluated case law from the UK, Germany, and Austria regarding confidentiality obligations and contractual protections.
The directive contributes to harmonization of trade secret protection in the EU.
Significant ambiguities remain regarding employee mobility and post-contractual obligations.
Clear distinctions between trade secrets and general professional knowledge need further clarification.

This work examines the relationship between trade secret protection and employee mobility, highlighting implications in the EU context.

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HTET THIRI NAING (2026) studied this question.

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