21 Jan 2019 Lvl. 2
State replied
Alert created on: 26 Apr 2018 n° 32/2018 France

Corporate Secrets Bill Threatens Right to Information

Source of threatState
CategoryOther acts having chilling effects on media freedom
Partner EFJ/IFJ
Partner EFJ/IFJ
The French Parliament is about to vote via an accelerated procedure a private member's bill on "the protection of know-how and undisclosed commercial information (corporate secrets) against unlawful collection, use and disclosure". This text is the transposition of the European directive on business secrecy, approved in 2016. On 16 April 2018, the journalists unions SNJ, SNJ-CGT and Journalists CFDT, as well as editors societies of many media outlets (Le Monde, Le Figaro, Les Echos, TV5 Monde, AFP, Radio France, RTL, Le Point, Liberation, TF1, Mediapart, L'Humanité) sent an open letter to the French President Emmanuel Macron, denouncing the bill that "calls into question the general interest and the right of citizens to information". The signatories criticized the particularly broad legal definition of "corporate secret" writing “In a company, any internal information can now be classified in this category. The law on corporate secret concerns information of general interest such as the tax practices of companies, the impact of their activities and products on health and the environment, and so on". The signatories asked President Macron to amend the draft law such that it only applies to economic competitors.
17 Dec 2018
On 13 December 2018, the implementing decree No. 2018-1126 of 11 December 2018 to protect business secrets (JORF 0288 of 13/12/2018, No. 6) came into force.
06 Aug 2018
On 1 August 2018, the law No. 2018-670 of 30 July 2018 to protect business secrets (JORF 0174 of 31/07/2018, No. 1) came into force.
30 Jul 2018
On 26 July 2018, the Constitutional Council approved the bill, by Decision No. 2018-768 DC of 26/07/2018 Law on the Protection of Business Secrets.
State replies
05 Jun 2018
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