Legal Protection of Trade Secrets in the Netherlands

Published on 9 December 2025 · Last updated 27 October 2026

The Dutch Trade Secrets Protection Act (Wet bescherming bedrijfsgeheimen, Wbb) lets a business stop the unlawful use of its trade secrets in court. If a former employee, distributor or competitor in the Netherlands uses your recipes, source code or customer data, a Dutch court can order an injunction, a recall and damages (Articles 5, 6 and 8 Wbb), and keep your secret confidential during the proceedings.

This page explains what you can do once a trade secret has been taken, and how to defend yourself if you are accused. How to qualify and protect information in advance, with NDAs and internal measures, is explained on our main page on trade secrets and confidential information under Dutch law. The Wbb implements EU Directive 2016/943 on the protection of trade secrets.

What does the Dutch Trade Secrets Protection Act protect?

Information that is secret, has commercial value because it is secret, and is subject to reasonable measures to keep it secret. All three conditions must be met (Article 1 Wbb), and the holder, as the party relying on them, must prove them (Article 150 Dutch Code of Civil Procedure).

The third condition requires concrete measures. Keep evidence of access restrictions, confidentiality clauses and marking of documents, because without it the holder cannot show that reasonable measures were taken. The Wbb protects the lawful holder of the secret, which can be a company that licensed the information from another (Article 1, “holder of the trade secret”). There is no registration, and protection lasts as long as the information stays secret.

When is the use of a trade secret unlawful under Dutch law?

Acquisition is unlawful if it takes place without consent, through unauthorised access to or copying of files and documents, or through other conduct contrary to honest commercial practices. Use or disclosure is unlawful if it breaches a confidentiality agreement or a restriction on use (Article 2(1) and (2) Wbb).

The Act also reaches third parties. A new employer or a buyer is liable if it knew, or should have known, that the secret came from someone who used or disclosed it unlawfully (Article 2(3)). Producing, offering or marketing goods that benefit substantially from a misused secret, or importing, exporting or storing them for those purposes, is also unlawful use if the person knew or should have known that the secret was used unlawfully (Article 2(4)). A formal letter that informs the third party of the facts can therefore be the first step.

What is not trade secret infringement?

Independent discovery or creation is lawful, and so is reverse engineering of a product that was made available to the public or lawfully acquired, unless a valid obligation restricted acquiring the secret in that way (Article 3(1)(a) and (b) Wbb).

The court also rejects a claim if the secret was disclosed in specific situations, including the exercise of freedom of expression, the revelation of misconduct to protect the public interest (whistleblowing), and disclosure by employees to their representatives where necessary for their role (Article 4 Wbb). Before you start proceedings, check whether the other side can rely on one of these grounds.

Which urgent measures can a Dutch court order?

In summary proceedings (kort geding), the preliminary relief judge can order the alleged infringer to stop using or disclosing the secret, and ban the production, sale, import, export or storage of infringing goods (Article 5(1) Wbb).

The holder can also ask for leave to seize infringing goods, including imported goods, or claim their delivery (Article 5(2)). The judge may make a preliminary measure conditional on security for the damage it may cause to the defendant and third parties (Article 1019ic(1) Dutch Code of Civil Procedure (Rv)). At the holder’s request, the judge can instead allow the alleged infringement to continue temporarily, on condition that security is provided to compensate the holder (Article 5(3) Wbb).

A preliminary measure is not the end of the case. The judge sets a reasonable period for proceedings on the merits. If you do not start them in time and the defendant files a declaration with the court registry, the measure loses its force (Article 1019ic(3) with Article 1019i(1) Rv). If the measure later turns out to be unjustified, you can be ordered to compensate the damage it caused (Article 1019id Rv). More on urgent procedures on our page on kort geding (Dutch summary proceedings).

What can you claim in proceedings on the merits?

The court can order the infringer to stop, ban infringing goods, recall them from the market, deprive them of their infringing quality, destroy them, and destroy or hand over files that contain the secret. The recall, removal, destruction and handover measures are carried out at the infringer’s expense, unless there are special reasons against this (Article 6(2) Wbb).

Damages. An infringer who knew or should have known that his conduct was unlawful must compensate the damage. In appropriate cases, the court can set a lump sum (Article 8 Wbb).
Damages based on profit. If the infringer made a profit, the court can assess the damage at the amount of that profit or part of it (Article 6:104 Dutch Civil Code).
Publication of the judgment at the infringer’s expense, after a proportionality test (Article 9 Wbb).
Legal costs. The court can order the losing party to pay reasonable and proportionate legal costs, unless fairness requires otherwise (Article 1019ie Rv).

The court weighs each measure against the circumstances, including the value of the secret, the protection measures taken, the conduct of the infringer and the interests of third parties (Article 7(1) Wbb). A third party that acted in good faith can sometimes pay compensation instead of being subject to an injunction (Article 7(4) and (5)).

How does a Dutch court keep your trade secret confidential?

At the request of a party, the court can designate information as confidential. Everyone involved in the proceedings is then prohibited from using or disclosing it, also after the case has ended (Article 1019ib(1) and (2) Rv).

The court can also restrict access to documents and hearings to a limited group, and publish a non-confidential version of the judgment (Article 1019ib(3)). That group includes at least one natural person from each party and the lawyers (Article 1019ib(5)). In other proceedings in which a trade secret comes up, the court can reserve inspection of documents to a lawyer (Article 22a(3) Rv).

How do you secure evidence of trade secret misuse?

By asking the court for leave to seize evidence, such as laptops, files or production documents, before the other side can destroy it. The preliminary relief judge decides after a summary check; the other side is not heard unless the judge decides otherwise (Article 205(1) and (3) Rv).

The bailiff seizes and describes the data, but you only get to see it after the court has decided on access in the main case (Article 206(1) Rv). Alternatively, you can claim access to specific documents if you have a sufficient interest (Article 194 Rv). The rules on evidence are explained on our page on evidence in Dutch civil law.

How long do you have to bring a trade secret claim?

Five years after the holder became aware of the infringement, and in any event twenty years after the infringement began (Article 3:310d Dutch Civil Code). That limitation period applies to claims under Articles 5, 6 and 9 of the Wbb.

Do not wait until the deadline. A court will only grant an urgent injunction if there is urgency, and a long delay after you learned of the misuse weakens that argument.

What should you do if you are accused of misusing trade secrets?

Do not ignore the letter and do not delete data. Check whether the information meets the three conditions of Article 1 Wbb, and whether you obtained it lawfully, for example through independent development or reverse engineering (Article 3).

Secure your own development records, such as dated drafts, lab journals and code repositories, to prove independent development.
Isolate the disputed information. Ask new employees in writing to confirm that they did not bring files from a former employer.
Respond within the deadline, with a reasoned position or a proposal, such as a limited undertaking.
Prepare for summary proceedings. If a hearing follows, the defendant can ask the court to make a measure conditional on security (Article 1019ic Rv).

Practical example: a foreign manufacturer and a departing sales director

Suppose a Danish producer of industrial coatings sells in the Benelux through a Dutch subsidiary. The sales director resigns and joins a Dutch competitor. Weeks later, that competitor approaches the producer’s largest customers with a product that has almost the same composition and prices just below the producer’s.

The producer obtains leave for an evidence seizure on the director’s laptop and starts summary proceedings against the director and the competitor. Because access to the formula was restricted and the employment contract contained a confidentiality clause, the court can treat the formula as a trade secret. The court designates the formula as confidential under Article 1019ib Rv and limits access to the competitor’s lawyers and one employee.

When should you involve a Dutch lawyer?

Involve a Dutch lawyer as soon as you suspect that a trade secret is being used by a former employee, partner or competitor, or when you receive a cease-and-desist letter. Evidence can disappear quickly, and an urgent injunction requires fast action.

MAAK Advocaten in Amsterdam advises foreign and Dutch businesses on trade secret disputes, requests evidence seizures and conducts summary proceedings and proceedings on the merits in first instance and on appeal. Read more about our Dutch intellectual property lawyers, visit our intellectual property law hub or contact us.

Frequently asked questions about the Dutch Trade Secrets Protection Act

What is a trade secret under Dutch law?

Information that is secret, has commercial value because it is secret, and is subject to reasonable measures to keep it secret (Article 1 Dutch Trade Secrets Protection Act). All three conditions must be met. No registration is needed, and protection lasts as long as the information stays secret.

Can I get an urgent injunction against trade secret misuse in the Netherlands?

Yes. In summary proceedings, the preliminary relief judge can order the alleged infringer to stop using or disclosing the secret and ban infringing goods (Article 5 Wbb). The judge may require security, and you may have to start proceedings on the merits within a set period.

Will my trade secret be disclosed if I go to court?

Not necessarily. At a party’s request, the court can designate information as confidential, restrict access to documents and hearings, and publish a non-confidential version of the judgment (Article 1019ib Dutch Code of Civil Procedure).

Is reverse engineering allowed under Dutch trade secret law?

Yes, observing, testing or taking apart a product that was made available to the public or lawfully acquired is lawful, unless a valid contractual obligation restricted it (Article 3(1)(b) Wbb). Independent discovery is also lawful.

How long do I have to sue for trade secret infringement in the Netherlands?

A claim under Articles 5, 6 and 9 Wbb becomes time-barred five years after you became aware of the infringement, and in any event twenty years after it began (Article 3:310d Dutch Civil Code). Urgent relief requires faster action.

Primary sources

Dutch statutes are only officially available in Dutch, on wetten.overheid.nl. The Benelux Convention on Intellectual Property (BCIP) is also published there in Dutch.