Expansion of criminal liability for use of trade secrets

At a glance

• A draft law has been published which proposes to expand criminal liability for use of trade secrets. 
• Under the proposal, individuals with lawful access could become criminally liable. 
• The new law is schedule to enter into force on 1 January 2026.

A newly published draft law which expands criminal liability for trade secret use is scheduled to enter into force on 1 January 2026.

The legislation seeks to criminalise unauthorised use or disclosure of trade secrets, including where the disclosure is made by an individual who has lawful access to the information.   The proposal aims to strengthen the protection of trade secrets by extending the current scope of criminal liability. It is intended to contribute to technological development and enhanced competitiveness while addressing threats such as industrial espionage. 

If enacted, the new law would criminalise unauthorised use or disclosure of trade secrets by individuals who have lawful access to them, such as employees or contractors. This would be a significant change from the current law under which individuals with lawful access are not held criminally liable.

The proposed criminalisation applies to technical trade secrets that are critical in various kinds of production. Penalties for breach would include fines or imprisonment for up to two years, with the possibility of up to six years of imprisonment for serious offences. Attempts and preparation to commit an offence would also be punishable.