Ärisaladuseks

Ärisaladuseks is an Estonian term that translates to "business secret" in English, referring to confidential information that confers a competitive advantage to a company. Unlike patents or trademarks, a trade secret is any data, formula, pattern, or method that is not publicly known and that the owner actively protects from disclosure. The value of such information lies in its confidentiality; once it becomes public, the legal protection is lost.

The legal framework for trade secrets in Estonia is primarily governed by the Estonian Trade Secrets Act of 2008, which aligns with the European Union Directive on the protection of undisclosed confidential information. Under the Act, a trade secret must be kept secret, the owner must take reasonable measures to preserve secrecy, and the information must provide economic benefit from its secrecy. The Act imposes liability on any person who discloses or uses a trade secret without authorization, providing both civil remedies and the possibility of criminal prosecution for serious breaches.

Enforcement of trade secret rights usually occurs through civil lawsuits, where the plaintiff seeks damages and injunctions. The evidentiary burden lies with the owner to prove that the information was secret and that measures were taken to maintain secrecy. In Estonia, the courts have applied a flexible standard: if a party’s conduct would have divulged the secret in the course of trade, the law may provide for remedies.

Trade secrets are commonly used to protect manufacturing processes, customer lists, marketing strategies, and proprietary algorithms. Because they are not registered, their protection is continuous as long as secrecy is maintained, offering a different strategic tool from patents, which require formal application and publication.