What does the EU Data Act mean for your Trade Secrets?

The EU Data Act came in to force last week 12th September 2025, it lays down general conditions where a business has a legal obligation to share data with another business.

The Data Act provides a framework to balance data sharing with the need to preserve the protected nature of the data (including the protection of trade secrets).

WHAT ARE THE IMPLICATIONS FOR TRADE SECRETS?

Another incentive to quickly identify, value and protect your trade secrets. If you have not identified them before you are asked to share data that includes them, then your trade secrets will be lost for ever.

TRADE SECRETS HANDBRAKE

The EU Data Act includes a ‘trade secrets handbrake’ that ‘frames the conditions under which a data holder can withhold, suspend or, exceptionally, refuse to share data’.

If you trade only in the UK then you need to be aware of the UK’s Data (Use and Access) Act 2025.

If you trade with the EU the you may well be required to share your data.  

You cannot defend your trade secrets if you have not identified, ‘documented’ and taken reasonable measures to protect them.

Are the EU and UK data acts another great reason to move on your Trade Secrets and with pace?