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Supreme Court Limits Business‑Secret Law Against Unfair Practices

Adam ·
Supreme Court Limits Business‑Secret Law Against Unfair Practices

The Spanish Supreme Court’s Civil Chamber delivered a landmark ruling on September 9, overturning the long‑standing belief that the Business Secrets Act shields companies from disclosures by disloyal staff.

  1. Earlier lower‑court decisions – a commercial court and a provincial tribunal – had interpreted the law in favour of employers, allowing them to invoke secrecy to block former executives from speaking out.
  2. The Supreme Court’s cassation judgment rejected that view, stating the law cannot be used to cover up illegal or unethical conduct.
  3. Legal experts say this creates new jurisprudence, and future cases will follow the same precedent.

In short, business‑secret protection now has clear limits.

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