Trade secrets lawyers in Paris
Domains of expertise > Trade secrets
An employee leaving, a data room opening, a technology partnership or the use of an artificial intelligence tool can expose in a matter of hours files, processes or know-how built up over many years.
Our trade secrets lawyers help you prevent those risks and respond where copying, disclosure or unauthorised use is suspected.
Would you like to secure strategic information or act against a misappropriation?
Advisory work and litigation · Expertise in intellectual property and new technologies · Instructions in France and internationally · A firm recognised by Chambers, Legal 500 and Décideurs
Our trade secrets services
Bouchara & Avocats helps companies identify their sensitive assets, secure how they circulate and defend their interests in the event of a leak or misappropriation.
Identifying and organising the protection of sensitive information
Not all internal information warrants the same level of protection. Our lawyers analyse the data, documents, processes and know-how whose disclosure could affect the value of the business or its competitive advantage.
That audit makes it possible in particular:
- to define precisely which information is sensitive;
- to analyse how it circulates internally and with third parties;
- to assess the existing legal, organisational and technical measures;
- to define the priority actions to be implemented.
The aim is to build a targeted and workable framework, rather than labelling every document « confidential » indiscriminately.
Securing transactions and strategic relationships
A fundraising round, a disposal, an industrial partnership, a research project or a technology transfer very often requires sensitive information to be shared with investors, partners or suppliers.
The firm drafts and negotiates non-disclosure agreements, confidentiality and non-use clauses, collaboration agreements and the documentation governing data rooms. Our lawyers define with you the scope of the information disclosed, the permitted uses, the authorised individuals and the treatment of copies or of results developed during the relationship.
Managing the risks linked to teams and digital tools
Changes of role, departures of employees or directors, and the end of an assignment are particularly sensitive moments. The firm adapts the relevant clauses and internal procedures, organises the return of materials and assists with revoking access and reminding people of the commitments that survive the end of the relationship.
That framework also covers cloud platforms, collaboration tools and artificial intelligence solutions. Our lawyers analyse the terms of use and define which tools are permitted, which uses are acceptable and which categories of data must not be uploaded.
These measures must remain proportionate and cannot prevent a former employee from using their experience or general skills.
Responding to a leak, a copy or a misappropriation
Where file extraction, disclosure or unauthorised use is suspected, our lawyers assess the urgency, identify the material to be preserved and define an appropriate strategy.
Depending on the situation, the firm can in particular:
- coordinate the preservation of digital evidence;
- send a cease-and-desist letter and open negotiations;
- apply for an evidence-gathering measure or urgent relief;
- bring proceedings on the merits to stop the use and obtain compensation.
The firm also acts in defence where a company is accused of having taken the files, methods or know-how of a competitor, a former employer, a partner or a supplier.
Recognised expertise
Bouchara & Avocats is regularly recognised for its expertise in intellectual property, digital law and litigation.
Chambers France 2026 — Intellectual Property: Trade Mark & Copyright
Vanessa Bouchara — Band 2.
Legal 500 EMEA 2026 — France — Intellectual Property
Bouchara & Avocats — Trade Marks and Designs, Tier 2.
Décideurs | Leaders League 2026
« Highly recommended » — Trade marks: litigation.
« Strong reputation » — Data law and cybersecurity.
« Strong reputation » — Digital platforms and applications law.
Case studies and how the firm assists
Data had been downloaded before an employee left
A company discovered that a sales representative had copied its customer database, its pricing and several documents relating to ongoing negotiations before joining a competitor.
The difficulty lay in distinguishing normal activity linked to his role from an extraction intended for later reuse. The firm organised the preservation of the digital evidence, analysed the contractual commitments and brought proceedings before the Paris Judicial Court.
The proceedings secured an order stopping the use of the files and requiring the return of the materials.
An industrial partnership had to be secured before the first trials
A company had to share a process, test results and technical documentation with a partner in order to develop a new product.
The risk related as much to the reuse of existing knowledge as to the ownership of future results. The firm drafted the non-disclosure agreement, distinguished each party’s contributions and set out the conditions under which the documents could be reviewed.
The project was able to start with a contractual framework agreed before the first sensitive exchange.
A competitor was using non-public documents and know-how
A company discovered that a competitor was using a commercial method and several materials that had been given to a former supplier.
The firm identified the material concerned, traced the origin of the disclosure and assembled the evidence needed to bring a claim. Proceedings were issued to stop the disputed use and to seek compensation for the loss suffered.
Can your information be protected as a trade secret?
Trade secret protection is set out in articles L. 151-1 et seq. of the French Commercial Code. That regime stems from the Act of 30 July 2018, which transposed EU Directive 2016/943 into French law.
It can cover in particular:
- know-how and processes;
- code, algorithms and technical data;
- customer and supplier files;
- prices, margins and commercial terms;
- strategies, studies and launch plans;
- negotiations and financial transactions.
Source code, interfaces and certain documentation may also attract copyright, provided its own conditions are met.
The three conditions laid down by the Commercial Code
To qualify for protection, information must satisfy three cumulative conditions.
| Condition | What you must be able to establish |
|---|---|
| It must be secret | The information is not generally known or readily accessible to persons familiar with this type of information in the sector concerned. |
| It must have commercial value | It has actual or potential value precisely because it remains secret. |
| It must be subject to reasonable protective measures | Its holder has taken appropriate steps to restrict access to it, its use and its disclosure. |
How do you assess your own position?
A number of questions help identify the points to examine:
- Can the information be identified precisely?
- Is it public or readily accessible within the sector?
- Would its disclosure cost you an economic advantage?
- Are the authorised individuals clearly identified?
- Can the company prove the measures applied before the incident?
This checklist is a first indicator. The legal characterisation nonetheless depends on a concrete analysis of the nature of the information, how it circulates and the precautions actually applied.
Which measures must you be able to demonstrate?
Protection does not rest on a single formality or document. The measures must be suited to the sensitivity of the information, to the organisation of the business and to the number of people who legitimately need access.
| Type of measure | Examples |
|---|---|
| Legal measures | NDAs, confidentiality clauses, non-use obligations, licences and return procedures |
| Organisational measures | Document classification, an access matrix, the need-to-know principle and leaver procedures |
| Technical measures | Individual accounts, strong authentication, restricted access, encryption and connection logs |
| Evidential measures | Signed contracts, access histories, proof of transmissions, audits, training and internal procedures |
The framework must remain usable by the teams. A policy that is too general or too restrictive, and is not applied in practice, risks having limited evidential value.
Why is marking a document « confidential » not always enough?
An NDA or a « confidential » marking is a useful precaution, but it is not always sufficient. The court also looks at how the documents actually circulated, the access rights, the technical measures used and whether the internal procedures were genuinely applied.
Leak or misappropriation: what should you do in the first hours and days?
The first decisions can be decisive. Hastily deleting accounts, altering equipment or making a direct accusation can compromise the preservation of evidence.
Preserving evidence before taking any action
You should generally:
- preserve the traces before changing any access rights or equipment;
- keep the computers, phones, mailboxes and connection logs concerned;
- draw up a timeline;
- identify the files and recipients concerned;
- limit internal discussion to those who need to know.
A report by a judicial commissioner or a forensic IT analysis can capture the downloads, transfers, connections or exchanges at issue. Where the material is held by the suspected author, an investigative measure can be applied for under article 145 of the French Code of Civil Procedure.
Stopping the infringement and obtaining compensation
Depending on the urgency and the available evidence, the firm can open negotiations, send a cease-and-desist letter or apply for interim measures to stop the use or disclosure of the information (French Commercial Code, articles L. 152-3 and L. 152-4).
Proceedings on the merits can then secure final measures and compensation for the losses sustained, the lost profits, the loss of opportunity or the profits made from the infringement. Depending on the circumstances, the claim may also be based on unfair competition or free-riding, where distinct conduct can be established.
Preserving secrecy during the proceedings
Court proceedings must not lead to a further disclosure of the information at issue.
The court may in particular:
- restrict access to certain documents;
- require a non-confidential or redacted version;
- limit their review to a restricted number of people;
- adapt the reasoning or the publication of its decision.
Anyone with access to a document regarded as covered, or liable to be covered, by trade secrecy is subject to a duty of confidentiality (French Commercial Code, article L. 153-2).
A claim for infringement of a trade secret is time-barred five years from the day the legitimate holder knew, or ought to have known, of the last event giving rise to it. Acting quickly nonetheless remains essential where evidence is at risk of disappearing or the information continues to circulate.
Do you suspect copying or disclosure?
Have the evidence to be preserved and the first steps to take assessed.
Trade secret or patent: how do you decide?
A patent and a trade secret do not produce the same effects.
| Criterion | Trade secret | Patent |
|---|---|---|
| Disclosure | The information must remain confidential | The invention is published |
| Scope of protection | No monopoly against a lawful independent discovery | An exclusive right within the scope of the patent |
| Duration | For as long as the conditions for protection are met | Up to twenty years, subject to the applicable conditions |
| Best suited to | A process that is hard to observe or reverse-engineer | An innovation that is visible or easily reproduced |
Secrecy offers no protection against an independent discovery or creation. Certain acts of observation, study, disassembly or testing may also be lawful, subject to the applicable contractual commitments (French Commercial Code, article L. 151-3).
The two strategies can be combined. The firm analyses in particular the patentability of the innovation, how easily it can be reproduced, how long it will retain value, the territories concerned and the company’s ability to maintain genuine confidentiality.
That decision forms part of a broader industrial property strategy, which may combine patents, contractual confidentiality and the preservation of know-how.
Would you like to protect your information or respond to an infringement?
To stop the conduct at issue, find a solution or defend your interests, our team is at your disposal.
Intellectual Property Lawyers Team
FAQ
Is an NDA signed after a first disclosure still useful?
Yes. It can govern future exchanges and specify what happens to the documents already shared. It cannot, however, retrospectively undo a disclosure made without a contractual framework. It is therefore better to sign it before the first sensitive exchange, and to describe precisely what was disclosed beforehand.
Can know-how be assigned or licensed?
Yes. Know-how can be the subject of an assignment, a licence, a franchise agreement or a technology transfer. The contract must define precisely what is being transferred, the permitted uses, the authorised individuals and the obligations that apply after the relationship ends.
Can trade secrecy be relied on against a whistleblower?
Trade secrecy cannot be invoked systematically to prevent a report. In particular, it cannot be relied on where the disclosure is made in good faith, in order to protect the general interest and to reveal unlawful activity, a wrongdoing or improper conduct, under the conditions laid down by the whistleblower regime. Unlawful disclosure must therefore be distinguished from a report that benefits from legal protection (French Commercial Code, article L. 151-8).
