European Commission proposes rules for the protection of trade secrets
On November 28th, 2013 the European Commission published a proposal for the harmonisation of trade secrets protection in the European Union.
The "Proposal for a Directive of the European Parliament and of the Council on the protection of undisclosed know-how and business information (trade secrets)" (COM(2013) 813 final) was published only seven months after the release of the comprehensive "Study on Trade Secrets and Confidential Business Information in the Internal Market" (MARKT/2011/128/D). This study identified the great importance of trade secrets to small and medium-sized enterprises as well as start-ups, but an uneven level of their protection across the EU.
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EU: National courts are now bound by Commission decisions on State aid opening proceedings
Yesterday's State aid judgment of the Court of Justice has important practical consequences for beneficiaries of aid and their competitors. The latter will be able to benefit from easier ways to block the payment of aid, making the life of recipients of non-notified State aid more difficult.
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ECJ rules on applicable law of Employment Contract
The European Court of Justice has provided a useful reminder that where a contract of employment contains no choice of law clause, the law applicable will not always be the law of the country where the employee works. Under the Rome Convention, a national court can find the applicable law is that of another country with which the employee has a closer connection.
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ECJ rules that grid integrity and security may justify restrictions on free movement
In its judgment in Netherlands v. Essent and others of 22 October, the European Court of Justice held that Dutch rules imposing various restrictions on the ownership of transmission and distribution operators could be justified on public interest grounds, by way of derogation from EU free movement rules. The judgment provides support for the argument that other restrictions of fundamental EU freedoms may be justified in the interests of security of supply
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Bird & Bird launches cloud computing iPad app
Bird & Bird has launched an iPad app covering commonly asked legal questions relating to cloud computing services across 11 jurisdictions.
Whether you are a supplier or a user of cloud services, this app covers the main issues you need to think about when setting up a cloud service and answers your questions on what you need to do to ensure you are compliant.
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European Commission updates explanatory note on carrying out dawn raids
In a move aimed at providing for technological advancement in business, the Commission has published revised guidance setting out how it will conduct dawn raids, including in particular the handling of data. Companies should consider whether it is necessary to update their own dawn raid manuals and checklists to reflect the Commission's new stated approach.
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