Podcast CLINT | Littler Explains! Episode 5


#5 - Protection of Business Secrets Explained! - By Sander Theunissen


Fresh from the audio press! CLINT | Littler Explains! – Protection of Business Secrets Explained!

Every other week one topic of Dutch Employment & labor Law is discussed by podcast host Jasper Hoffstedde and one of his colleagues. The listener gets easy and practical tips on how to best handle difficult or tricky situations. Today we present to you episode #5 – Protection of Business Secrets Explained! – by Sander Theunissen

Protecting your business secrets
The Trade Secrets Act clarifies what a business secret is and how you can protect it. The law allows you to take action against unauthorized acquisition, use or disclosure. The ground rules are comparable throughout Europe, because the law stems from a European directive. This gives the employer more certainty about when and how you can take action against a breach. At the same time though, the Act does not cover all breaches. For that matter parties often agree to an additional confidentiality clause.

What is discussed?
Sander explains when the Trade Secrets Act protects your business secrets and when, alternatively, a confidentiality clause may render the desired effect. Of course all practicalities are explained: what do you need to take into account when concluding the clause, what is its reach and what does caselaw learn us about the subject?

Where to listen?
You can find CLINT | Littler Explains! on the major podcast channels:


Apple Podcast

Google Podcast


Show notes and additional information
Listed below you will find the show notes for this episode. For an interesting read on the matter by our today’s speaker we refer you to his blogposts.

00:00:40 – kick-off; short summary of what will be discussed

00:01:03 – business secrets and how to protect these

00:02:40 – the confidentiality clause, meant to protect company secrets?

00:04:45 – practicalities to take into account when agreeing to a confidentiality clause

00:06:04 – is a colleague considered a third party under the confidentiality clause?

00:07:58 – discussing recent case law; what is considered a breach of the confidentiality clause?

00:11:15 – to what extent the confidentiality clause is enforceable

00:13:08 – other ways to ensure that confidential information is not leaked to third parties

00:14:20 – 60 second recap; the works council is a legal obligation




About the author

Jasper Hoffstedde

+31 (0)6 280 24 654



About the author

Sander works as counsel at CLINT | Littler. He studied law at the University of Groningen and graduated in 2009. He has more than 10 years of experience solving labor law and participation disputes both within law and other industries. Sander publishes regularly, gives lectures, trainings and is editor of the magazine “Rechtspraak Arbeidsrecht (RAR). In 2015, he completed the specialisation course in Employment Law at the Grotius Academy. Before joining CLINT | Littler, he worked as a lawyer at Lexence, HDK and BarentsKrans.

Sander Theunissen

+31 (0)6 114 99 465


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