Whistleblowers’ motivations are relevant in disclosure of trade secrets

The high standard of a new law on trade secrets is likely to make whistleblowing impossible

The European Union (Protection of Trade Secrets) Regulations 2018 came into effect in June 2018, implementing the Trade Secrets Directive 2016/943 in Ireland.

The regulation contains strong protections for intellectual property holders by way of civil redress and criminal sanctions where a trade secret is unlawfully disclosed.

As a result, Section 7 of the regulation has amended the Protected Disclosures Act 2014 so that, in instances where it is alleged that a disclosure ...