Trade Secrets Law in Mayotte (France)
Trade secrets in Mayotte are governed by French national law, as Mayotte is an overseas department of France. This means that the same legal framework for trade secret protection applies in Mayotte as it does in mainland France.
Legal Framework
In 2018, France implemented the EU Trade Secrets Directive (Directive (EU) 2016/943) through Law No. 2018-670 of 30 July 2018 and Decree No. 2018-1126 of 11 December 2018. These provisions are primarily codified in the French Commercial Code (Code de commerce), particularly in Articles L.151-1 and following.
Under this law, a "trade secret" is defined as information that:
Is not generally known or readily accessible to people familiar with this type of information;
Has commercial value because it is secret; and
Has been subject to reasonable steps by its lawful holder to keep it secret.
The law provides both civil and criminal remedies against the unlawful acquisition, use, or disclosure of trade secrets. Civil actions can result in injunctions, damages, and other appropriate measures. Criminal penalties can include fines and imprisonment, especially in cases involving organized crime.
Application in Mayotte
As an integral part of France, Mayotte applies French national laws, including those related to trade secrets. Therefore, businesses and individuals in Mayotte are subject to the same protections and obligations concerning trade secrets as those in mainland France.
Employment Considerations
In employment contexts, confidentiality clauses are enforceable in Mayotte, requiring employees to keep sensitive company information confidential during and after employment. Non-compete clauses are also recognized but must meet specific conditions to be valid:
They must be in writing;
Justified by the legitimate interests of the company;
Limited in geographical scope and duration;
Restricted to specific professional activities; and
Include financial compensation for the employee during the restriction period.
Failure to meet these conditions can render a non-compete clause unenforceable.
Enforcement and Remedies
French law provides mechanisms for the enforcement of trade secret protections. Courts can order measures such as:
Injunctions to prevent further misuse of trade secrets;
Damages to compensate for losses suffered; and
Seizure of products or materials resulting from the misuse of trade secrets.
Additionally, criminal sanctions can be imposed for the infringement of trade secrets, including imprisonment and fines.
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