The proposed changes to the Swedish legislation are necessary to implement an EU directive on the protection of trade secrets. The Proposal further proposes, independently of the EU directive, a provision on criminal liability for individuals who attack a trade secret to which they have lawful access due to employment or other similar grounds.
The changes and supplements in the Proposal further regard, inter alia, the definition of a trade secret, clarification on legal and illegal acquisition as well as use and disclosure of trade secrets. Furthermore, it proposes modifications on as well as new penal provisions, new provisions on preservation of confidentiality of trade secrets in the course of legal proceedings and new measures against attacks by prohibition under penalty of a fine. It also proposes that a new provision should state that a person who committed an attack on trade secrets could be liable to pay for the appropriate measures to disseminate information about the judgement.