TRADE SECRETS ACT 
 
Article 1 
(Subject of the Act) 
(1) This Act regulates trade secrets and the rules for determin ing and protecting 
trade secrets against their unlawful acquisition, use and discl osure. 
(2) This Act transposes Directive (EU) 2016/943 of the European  Parliament and 
of the Council of 8 June 2016 on the protection of undisclosed know-how and business 
information (trade secrets) against their unlawful acquisition,  use and disclosure (OJ L 157, 
15.6.2016, p. 1) into the legislation of the Republic of Sloven ia. 
Article 2 
(Definition of a trade secret) 
(1) A trade secret shall mean undisclosed know-how and business  information that 
meets the following requirements: - it is secret in the sense that is not generally known among o r readily accessible to 
persons within the circles that normally deal with the kind of information in question; 
- it has commercial value; 
- it has been subject to reasonable steps taken under the circu mstances by the trade 
secret holder to keep it secret. 
(2) The requirement referred to in indent three of the precedin g paragraph shall be 
deemed to be met if the trade secret holder defined the informa tion in writing as a trade 
secret and informed all who came into contact or became acquain ted with this information 
accordingly, in particular company members, employees, members of the company’s 
governing bodies and other persons. 
(3) Information that is in the public domain in accordance with  the law or 
information regarding the violation of the law or good business  practices shall not be 
considered a trade secret. 
Article 3 
(Definitions of other terms) 
For the purposes of this Act, the following definitions shall a pply: 
- a trade secret holder shall be any natural or legal person la wfully in control of a trade 
secret; 
- an infringer shall be any natural or legal person who has unl awfully acquired, used or 
disclosed a trade secret; 
- infringing goods shall be goods of which the design, characte ristics, functioning, 
production process or marketing has been significantly affected  by unlawfully acquired, 
used or disclosed trade secrets. Article 4 
(Lawful acquisition, use and disclosure of trade secrets) 
(1) The acquisition of a trade secret shall be considered lawfu l if the trade secret is 
obtained through: - independent discovery or creation; - the observation, study, disassembly or testing of a product o r object that has been made 
available to the public or is in the lawful possession of the a cquirer of the information 
who is free from any legally valid duty to limit the acquisitio n of the trade secret; 
- the exercise of the right of workers or workers' representati ves to information and 
consultation in accordance with applicable regulations when suc h disclosure is 
necessary for this purpose; 
- any other conduct which, under the circumstances, is consider ed to be in conformity with 
honest commercial practices; or 
- the exercise of the right of access to public information. 
(2) The acquisition, use or disclosure of a trade secret shall also be considered 
lawful if such acquisition, use or disclosure is required or pe rmitted by law or European Union 
regulations, is imposed on the party by a final and enforceable  court decision or is requested 
by the Commission of Inquiry of the National Assembly of the Re public of Slovenia while 
carrying out an investigation in accordance with the act govern ing parliamentary inquiry. 
Article 5 
(Unlawful acquisition, use and disclosure of trade secrets) 
(1) The acquisition of a trade secret shall be considered unlaw ful if the trade secret 
is obtained: 
- through unauthorised direct access to, appropriation of or co pying of any documents, 
objects, materials, substances or electronic files containing t he trade secret or from 
which the trade secret can be deduced, or through any other con duct that is considered 
contrary to honest commercial practices; 
- from a person who has used or disclosed the trade secret unla wfully, whereby the 
acquirer knew or, under the circumstances, ought to have known this at the time of the 
acquisition of the trade secret. 
(2) The use or disclosure of a trade secret shall be considered  unlawful if used or 
disclosed by a person who is found to meet any of the following  conditions: 
- having acquired the trade secret unlawfully; - being in breach of a confidentiality agreement or any other d uty not to disclose the trade 
secret; 
- being in breach of a contractual or any other duty to limit t he use of the trade secret; 
- having known or, under the circumstances, ought to have known , at the time of the 
acquisition or disclosure of the trade secret, that the trade s ecret obtained from the other 
person was used or disclosed unlawfully. 
(3) The unlawful use of trade secrets shall also include the pr oduction, offering or 
placing on the market of infringing goods, or the import, expor t or storage of infringing goods 
for these purposes, where the person carrying out such activiti es knew or, under the 
circumstances, ought to have known that the trade secret was us ed unlawfully. 
Article 6 
(Application of judicial protection rules) (1) The provisions of the act governing the contentious procedu re shall apply to 
the proceedings relating to the infringement of rights in trade  secrets, unless otherwise 
provided for by this Act or another act. 
(2) The provisions of the act governing claim enforcement and s ecurity shall apply 
to the procedure to issue an interim injunction, unless otherwi se provided for by this Act. 
Article 7 
(Exceptions) 
The court shall reject the claim of the trade secret holder if it finds that the trade 
secret has been acquired, disclosed or used: - for exercising the right to freedom of expression and informa tion as laid down in the act 
governing the media; 
- for revealing misconduct, wrongdoing or illegal activity, pro vided that the infringer acted 
for the purpose of protecting the public interest; 
- for exercising the rights of workers, provided that a worker disclosed the trade secret to 
their representative for the purpose of protecting the rights a nd interests of workers in 
accordance with the regulations governing the action and protec tion of workers’ 
representatives; and 
- in other cases determined by law or European Union regulation s. 
Article 8 
(Preservation of the confidentiality of trade secrets in the co urse of legal proceedings) 
(1) The trade secret holder shall not be required to disclose t he trade secret in the 
written submission if they show that there are grounds for beli eving that the trade secret 
exists and that it has been breached. 
(2) At the request of the other party, the court may order the trade secret holder, 
by way of a decision, to disclose the information claimed to be  a trade secret in accordance 
with the procedure and the manner prescribed for the disclosure  of trade secrets by the act 
governing the contentious procedure. 
(3) At the request of the trade secret holder, the court may pr ohibit the use or 
disclosure of the trade secret or the alleged trade secret to p ersons who have been made 
aware of the trade secret or the alleged trade secret solely as  a result of participation in the 
proceedings or who have access to documents to documents that f orm part of the 
proceedings and contain the trade secret or the alleged trade s ecret. The court may also 
prohibit the use or disclosure of the trade secret or the alleg ed trade secret to the other party, 
provided that it is not the unlawfully acquired, used or disclo sed trade secret currently at 
issue. 
(4) The parties and the persons referred to in the preceding pa ragraph shall 
remain bound by the prohibition of the use or disclosure of the  trade secret or the alleged 
trade secret even after the legal proceedings have been conclud ed, unless: 
- the alleged trade secret is found, by a final decision, not t o meet the requirements laid 
down in paragraph one of Article 2 of this Act; or 
- the information in question over time becomes generally known  among or readily 
accessible to persons within the circles that normally deal wit h that kind of information. 
Article 9 (Action for the infringement of rights) 
(1) The trade secret holder may file an action with the compete nt court against a 
person who acquired, used or disclosed the trade secret without  their consent, requesting 
that: 1. the infringement and any future infringements be prohibited;  
2. the production, offering or placing on the market of infring ing goods, or the import, export 
or storage of infringing goods for those purposes be prohibited ; 
3. the infringing goods be recalled from the channels of commer ce, taking into account the 
interests of bona fide third parties; 
4. the infringing goods be deprived of their infringing quality ; 
5. the infringing goods be destroyed; 6. any document, object, material, substance or electronic file  embodying or containing the 
trade secret be destroyed in whole or in part or, where appropr iate, be delivered up to 
the plaintiff. 
7. the infringing goods be surrendered entirely to the benefici ary when the measure 
referred to in point 3 of this paragraph is ordered; or 
8. the judgment be published. 
(2) In deciding on the merits of the claim referred to in point s 1 to 7 of the 
preceding paragraph and when assessing its proportionality, the  court shall be required to 
take into account the specific circumstances of the case, in pa rticular: 
1. the value or other specific features of the trade secret; 2. the measures taken to protect the trade secret; 3. the conduct of the infringer in acquiring, using or disclosi ng the trade secret; 
4. the consequences of the unlawful use or disclosure of the tr ade secret; 
5. the legitimate interests of the parties and the consequences  which the granting or 
rejection of the measures could have for the parties; 
6. the legitimate interests of third parties; 7. the public interest; or 
8. the protection of fundamental constitutional rights. 
(3) In deciding on the merits of the claim referred to in point  8 of paragraph one of 
this Article and when assessing its proportionality, the court shall be required to also take into 
account the specific circumstances of the case, such as the val ue of the trade secret, the 
conduct of the infringer in acquiring, using or disclosing the trade secret, the consequences 
of the unlawful use or disclosure of the trade secret, and the likelihood of further unlawful use 
or disclosure of the trade secret by the infringer. 
(4) A person on whom the obligation referred to in points 1 or 2 of paragraph one 
of this Article has been imposed may, after the judgment has be come final, file an action 
requesting the court establish that the trade secret no longer meets the requirements laid 
down in paragraph one of Article 2 of this Act. The court shall  reject the claim of a person 
who, after the judgment referred to in the preceding sentence h as become final, directly or 
indirectly contributed to the disclosure of the trade secret. 
(5) At the request of the defendant against whom were brought c laims referred to 
in points 1 to 7 of paragraph one of this Article, the court ma y instead order the payment of 
pecuniary compensation, provided that the following conditions are met: 
- the defendant used or disclosed the trade secret in good fait h; 
- the fulfilment of the obligations imposed pursuant to points 1 to 7 of paragraph one of 
this Article would cause the defendant disproportionate harm; a nd 
- the trade secret holder agrees to the pecuniary compensation.  (6) If the court orders the payment of pecuniary compensation i nstead of imposing 
an obligation pursuant to points 1 and 2 of paragraphs one of t his Article, the amount of the 
compensation shall not exceed the amount of royalties or licenc e fees which would have 
been due to the trade secret holder, had the trade secret been used lawfully. 
(7) Claims under this Article shall become statute-barred withi n a period of three 
years from the date on which the trade secret holder became awa re of the infringement and 
learned who acquired, used or disclosed the trade secret withou t their consent. In any event, 
the claims shall become statute-barred within five years of the  date on which the 
infringement occurred. 
Article 10 
(Compensation for damages and civil penalty) 
(1) In accordance with the general rules of the act governing c ontractual 
obligations, the trade secret holder shall have the right to co mpensation for damages unless 
otherwise provided for by this Act. 
(2) The infringer shall be obliged to pay to the trade secret h older compensation in 
the amount determined in accordance with the general rules on c ompensation for damages 
or, where this amount cannot be determined, in an amount equal to the agreed or customary 
remuneration for the lawful use of the trade secret. 
(3) If a right under this Act was infringed intentionally or as  a result of gross 
negligence, the trade secret holder may claim the payment of th e agreed or customary 
remuneration for such use, increased by up to 200 per cent, irr espective of whether they 
suffered any actual pecuniary damage because of the infringemen t. 
(4) In deciding on the claim for the payment of the civil penal ty and in setting its 
amount, the court shall take into account all circumstances of the case, in particular the 
degree of culpability of the infringer, the amount of the agree d or customary remuneration 
and the preventive purpose of the civil penalty. 
(5) If the pecuniary damage exceeds the amount of the civil pen alty, the trade 
secret holder shall have the right to claim the difference up t o the value of full compensation. 
Article 11 
(Interim injunctions) 
(1) The court shall issue an interim injunction to secure non-m onetary claims 
under this Act if the plaintiff shows there are grounds for bel ieving that: 
- a trade secret exists; - they are the trade secret holder under this Act; and 
- their right has been infringed or there is an actual risk tha t it will be infringed. 
(2) The trade secret holder shall also show there are grounds f or believing that 
one of the following applies: a) there is a risk that the enforcement of claims will be made impossible or very difficult; 
b) the injunction is necessary to prevent damage difficult to r epair; or 
c) in the event that the interim injunction is issued but subse quently proves unfounded in 
the course of the proceedings, the harm to the alleged infringe r would not be greater 
than the harm to the trade secret holder if such an injunction were not to be issued. (3) To secure non-monetary claims under paragraph one of this A rticle, the court 
may issue any interim injunction with which the purpose of secu rity can be achieved, in 
particular: - the prohibition of the use or disclosure of the trade secret on a provisional basis; 
- the prohibition of the production, offering, placing on the m arket or use of infringing 
goods, or the import, export or storage of infringing goods; or  
- the seizure or delivery of the allegedly infringing goods, in cluding imported goods, so as 
to prevent their entry into or circulation on the market. 
(4) Even if, in accordance with the provisions of the act gover ning claim 
enforcement and insurance, the court permits the lodging of a s ecurity deposit instead of 
issuing an interim injunction, the trade secret may not be disc losed. 
TRANSITIONAL AND FINAL PROVISIONS 
Article 12 
(Amendments to the Companies Act) 
(1) In the Companies Act (Official Gazette of the Republic of S lovenia [ Uradni list 
RS], Nos 65/09 – official consolidated version, 33/11, 91/11, 32/ 12, 57/12, 44/13 – 
Constitutional Court Decision, 82/13, 55/15 in 15/17), the word s of Article 39 shall be 
amended to read as follows: 
"Information that meets the requirements for a trade secret in accordance with the 
act governing trade secrets shall be considered a trade secret. " 
(2) Article 40 shall be deleted. (3) In indent five of paragraph two of Article 676, the wording  "and Article 40" shall 
be deleted. 
Article 13 
(Amendment to the Employment Relationships Act) 
In the Employment Relationships Act (Official Gazette of the Re public of Slovenia 
[Uradni list RS ], Nos 21/13, 78/13 – corr., 47/15 – ZZSDT, 33/16 – PZ-F, 52/16 , and 15/17 – 
Constitutional Court Decision), paragraph two of Article 38 sha ll be amended to read as 
follows: 
"(2) Information that meets the requirements for a trade secret  in accordance with 
the act governing trade secrets shall be considered a trade sec ret." The worker shall be 
liable for the breach if they knew or ought to have known about  the nature of the information. 
Article 14 
(Entry into force) 
This Act shall enter into force on the fifteenth day following its publication in the 
Official Gazette of the Republic of Slovenia. 
No. 040-05/19-1/20 
Ljubljana, 26 March 2019 EPA 368-VIII 
National Assembly 
of the Republic of Slovenia 
Mag. Dejan Židan, m.p. 
President