LAW OF THE REPUBLIC OF MOLDOVA

of December 7, 2023 No. 384

About protection of trade secret

The Parliament adopts this organic law.

This law shifts in the national legal system the Directive (EU) 2016/943 European parliament and Council of June 8, 2016 about protection of unsolved know-how and business information (trade secret) against illegal acquisition, use and disclosure (the text concerns only EEP) published in the Official magazine of the European Union by L 157 of June 15, 2016.

Chapter I. General provisions

Article 1. Subject and scope of application

(1) This law establishes rules of protection against illegal acquisition, use and disclosure of trade secret.

(2) Provisions of this law do not exert impact:

a) on realization of right to liberty of expression of opinion and information as it is stipulated by the legislation also international treaties which party is the Republic of Moldova, including respect for freedom and pluralism of mass media;

b) on application of the precepts of law demanding from owners of trade secret of disclosure in public interests of information including trade secret, to the public or administrative or judicial authorities for execution of the obligations by these bodies;

c) on application of the precepts of law requiring or permitting to public authorities to open information provided by the companies which are at the disposal of such bodies based on the obligations and prerogatives established in the legislation and according to them;

d) on autonomy of social partners and their right to sign collective agreements according to the law.

(3) No provision of this law shall be understood how the offering any basis for restriction of mobility of workers. In particular, in relation to implementation of this mobility of provision of this law do not provide any bases:

a) for restriction of use by workers of information which is not trade secret as it is determined by Article 2;

b) for restriction of use by workers of experience and the skills which are fairly acquired owing to normal implementation of their professional activity;

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info