Trade secrets: legal protection in practice
Trade secrets in Belgium are an essential yet vulnerable part of a company’s economic capital. Technical files, cost calculations, quotations, strategic choices or internal working methods often qualify as trade secrets and determine the competitive advantage. When such trade secrets are used unlawfully — whether or not via a (former) employee or external collaborator — the damage can be considerable.
This blog briefly and accessibly outlines the legal framework governing trade secrets in Belgium. It successively addresses the issue at hand, the statutory definition, the contractual protection of trade secrets, and their enforceability before the courts.
When knowledge becomes a problem
Disputes over trade secrets usually arise within a relationship of trust. Employees, directors or consultants are given access to sensitive information and trade secrets in order to carry out their assignment properly. That access is legitimate as long as it takes place within the agreed framework and in the interest of the company, usually during the period of employment.
The difficulties begin when that same knowledge or those trade secrets, after the end of the collaboration or outside its scope, are used for one’s own benefit or for the benefit of a third party, and to the detriment of the company that built up the information. This risk is particularly high with key individuals who have full command of a file and possess not only visible documents, but also the internal context (know-how), strategy and considerations that normally remain hidden from third parties.
What is a trade secret under Belgian law?
With the Act of 30 July 2018 on the protection of trade secrets, incorporated into Book XI of the Belgian Code of Economic Law, Belgian law now has a clear statutory framework for the protection of trade secrets. This Act implements European Directive 2016/943 and aims to provide harmonised protection within the European Union.
A trade secret is any information that is not generally known or readily accessible, that has economic value precisely because it is secret, and for which the lawful holder has taken reasonable measures to ensure its confidentiality. These three conditions must be met cumulatively for certain information to be regarded as a trade secret.
The legal concept of a trade secret is therefore interpreted broadly. Not only technical know-how or formulas may qualify, but also internal technical and financial files, cost structures, project monitoring, decision-making processes, strategies and case files. Trade secrets that were originally obtained lawfully, for example during employment, may also subsequently be used unlawfully.
Contractual protection of trade secrets
Although employment law already provides for a general duty of loyalty and confidentiality, it is essential for companies to define the protection of trade secrets contractually. Confidentiality and non-disclosure clauses clarify which information is considered confidential and expressly confirm that this obligation continues to apply even after the cooperation has ended.
Such clauses are essential in any policy on the protection of trade secrets. They demonstrate that the company is actively taking reasonable measures to protect its trade secrets, which is a crucial condition for later being able to successfully rely on the law on the protection of trade secrets.
A confidentiality clause should not be confused with a non-compete clause. It does not prohibit someone from being active elsewhere, but it does prohibit using or disclosing confidential knowledge in a way that harms the former employer. Precisely because it does not amount to a ban on practicing a profession, this type of obligation is generally enforced strictly by the courts.
Unlawful use of trade secrets by (former) employees and third parties
The Act of 30 July 2018 protects businesses against the unlawful acquisition, use or disclosure of trade secrets. In the case of a (former) employee, this occurs when confidential information is used in breach of a duty of confidentiality, a contractual obligation, or in the context of a clear conflict of interest.
However, the protection is not limited to the person who leaks the trade secret. Third parties as well, such as customers, clients or competitors, may be held liable when they knew or reasonably should have known that the trade secrets originated from a person who was using them unlawfully. Anyone who knowingly benefits from leaked trade secrets cannot hide behind their external position.
Lessons from recent developments
That the protection of trade secrets is more than a purely theoretical concept is also apparent from recent case law and current events. In early 2026, a case arose involving a former Callebaut employee who, shortly before moving to a competitor, had copied internal company files on a large scale. These included sensitive technical and strategic documents that could qualify as trade secrets.
Although it could not be demonstrated that this information was actually used by the new employer, the employee was criminally convicted for breach of trust. This case shows that the mere appropriation or copying of confidential business information can already be regarded as unlawful, even where further use has not (yet) been proven.
The case offers several important practical insights. Digital trade secrets—such as electronic files, databases and information stored on internal servers—enjoy the same protection as traditional know-how or paper files. It also appears that criminal, civil and contractual sanctions can be applied alongside one another, each with its own purpose and scope.
The new employer, too, must exercise caution. If it knew or reasonably should have known that an employee was bringing confidential business information from a previous employer, it too may be held liable.
Enforceability before the courts
For disputes concerning trade secrets, the legislator has opted for a centralized and specialized jurisdictional framework. In principle, the Enterprise Court has jurisdiction over all claims relating to the unlawful acquisition, use or disclosure of trade secrets in Belgium, regardless of the amount claimed and even where one of the parties is not an undertaking. For purely employment-law disputes, jurisdiction remains with the Labour Courts.
From a territorial perspective, the claimant has a certain degree of choice, including on the basis of the place where the unlawful use of the trade secret occurred or the defendant’s place of residence. Any derogating forum selection clauses are null and void, although arbitration remains possible in view of the confidentiality inherent in such proceedings.
The court may also impose interim and protective measures, such as an immediate prohibition on any further use or disclosure of trade secrets, where appropriate subject to a penalty payment. This is essential, since the damage can often no longer be fully remedied once a trade secret has been disclosed. In addition, the law provides for a right to compensation, which can, if necessary, be assessed on a lump-sum basis when an exact calculation proves impossible.
Conclusion: protecting trade secrets requires an active approach
The protection of trade secrets in Belgium is not automatic, but requires a well-considered and proactive approach. Companies that clearly define which information qualifies as a trade secret, anchor that protection contractually, and act swiftly in the event of misuse, have powerful legal tools at their disposal to protect their interests.
Those who fail to protect their secrets risk losing them. Those who do take such measures are in a significantly stronger legal position. Anyone faced with (former) employees or third parties who possess sensitive business information would be wise not to wait until the conflict escalates. What still seems manageable today can quickly develop into a legal dispute with lasting financial and reputational damage.
Our Entrepreneurship team assists you with focused and practical advice on protecting your trade secrets – from preventive measures and contractual safeguards to decisive action in the event of (imminent) misuse. We ensure that your interests are protected to the fullest extent possible.