The purpose of the amendment to the Act on unfair competition is the transposition into Polish law of the 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.

The amendment assumes that disclosing, using or acquiring company secrets constitutes an act of unfair competition with regard to information being a trade secret. The hitherto wording of the said provision did not sanction the act consisting in obtaining such information.

In addition, the previous regulation limiting the protection of company secrets for a period of 3 years from the date of termination of employment relationship, has been removed in relation to employees.