Ireland: Trade Secrets

The EU Data Act, which became applicable on 12 September 2025, fundamentally reshapes how businesses handle data generated by connected devices and related services. With Ireland's General Scheme published in February 2026 designating ComReg and CCPC as enforcement authorities, companies must now assess their compliance obligations across data sharing frameworks, contractual terms, and user access rights or face significant fines.

The Data Act (Act) is a new European Union (EU) regulation and represents yet another aspect of the EU Digital Reforms package, which regulates the digital world we live and work in.

On 19 November 2025, the European Commission published its draft Digital Omnibus Regulations (EU Regulations 2025/0360 and 2025/0359).

The European Commission has been working on a proposal for a directive to protect trade secrets across the EU since 2013.

What is a restrictive covenant and when will it be enforceable? A business can use restrictive covenants to protect its interests by restricting an employee's activities for a period of time after their employment has ended.

The push to harmonise both the substantive and procedural aspects of European intellectual property laws and to create pan-European rights gathers ever-increasing momentum.