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UPC: Loss of Trade Secret Status through Voluntary Disclosure without Protection Order

July 22, 2026

The Court of Appeal addresses the conditions for protecting confidential information during proceedings. Trade secrets or other confidential information lose their character as such if they are disclosed to the other party without an order pursuant to Rule 262A of the Rules of Procedure or without another restriction, such as an agreement between the parties or a voluntary commitment. An application under Rule 262.2 of the Rules of Procedure does not automatically result in protection against the disclosure of the information by the other party. (UPC 18. 3. 2026, CoA 930/2025)