This criminal offense protects fair competition, safeguarding companies against unlawful intrusions by competitors that could harm their market position through the unauthorized acquisition of confidential corporate data.
According to established jurisprudence from the Criminal Chamber of the Supreme Court, the offense set forth in Article 279 of the Spanish Criminal Code consists of the following essential elements:
Object: The protection of corporate trade secrets.
Means of Commission: The disclosure, dissemination, or transfer of such secrets.
Offender (Active Subject): The individual bound by a legal or contractual duty of confidentiality—specifically, one required to maintain secrecy due to their distinct relationship with the company.
As consistently held in judicial precedent, the core element of this offense is the concept of the “trade secret.” While not explicitly defined in the Criminal Code—given its dynamic nature, which cannot be restricted to a closed list (numerus clausus)—courts apply a functional and practical approach. Consequently, trade secrets encompass proprietary business information which, if disclosed against the company’s will, could adversely impact its competitive capacity.
For further information, please contact:
Lydia Barrena, Senior Manager, Labour & Employment Law | lbg@uhy-fay.com
