3.

The use or disclosure of a trade secret shall be considered unlawful whenever carried out, without the consent of the trade secret holder, by a person who is found to meet any of the following conditions: having acquired the trade secret unlawfully; being in breach of a confidentiality agreement or any other duty not to disclose the trade secret; being in breach of a contractual or any other duty to limit the use of the trade secret.

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Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.