From Smorgasbord to New Nordic Cuisine - Eu-Harmonization of Trade Secrets Protection in the Nordic Countries

EU countries have traditionally protected trade secrets in different ways but after the adoption of the EU Directive on the protection of trade secrets (TSD) they now have to change their ways and implement the common provisions. However, defining the room of maneuverer which is left for national legislators and courts is a complicated matter not least because the Directive relies on a complicated mix of minimum standards and maximum obligations. Using examples from the Nordic countries this article first uses general principles of EU law to identify the floors and ceilings of the TSD and then assesses some of the choices made by the Nordic countries and identifies outstanding issues.