Förstärkt skydd för företagshemligheter, SOU 2008:63 - Regeringen

SummaryBackgroundFollowing the entry into force of the Act on the Protection ofBusiness Secrets (FHL) almost twenty years ago, the conditions forenterprise have changed in several respects. Today, an increasingnumber of businesses base their operation on information andknowledge rather than on traditional industrial production. Highlevelresearch and development is being conducted in many newareas that are vital to society, such as information technology andbiotechnology. The development of technology has led to informationbeing stored and transferred in completely different waysthan previously. International competition has become keener inmany areas. These factors have increased the risk of Swedishbusinesses being exposed to international corporate espionage. Sincethe Act was passed, Sweden has made international commitmentsconcerning the protection of business secrets. In light of this, theInquiry has been assigned to review certain issues regarding theprotection of business secrets and to consider whether the FHLought to be amended and adapted to this development in certainrespects (Directive 2007:54, see Appendix 1).ScopeOur remitOur remit was to consider whether the scope of the FHL was delimitedin a way that was fit for purpose, in which connection specialconsideration was to be given to the needs of modern businesses.Furthermore, our assignment also included an investigation intowhether the Act in this respect presented an impedement for em-27