27 Global Perspectives on Trade Secrets As technology accelerates and borders blur, protecting trade secrets has become one of the most pressing challenges for global businesses. With legal frameworks differing widely across jurisdictions, the need for Israeli companies expanding internationally to better understand how other markets define, enforce, and future-proof trade secret protection is vital. We asked attorneys from our member firms to share their insights into how trade secret laws are evolving worldwide, what new challenges are emerging with AI and cybersecurity, and what Israeli companies should keep in mind when protecting their most valuable information across jurisdictions. Trade Secret Laws Evolving Worldwide The global framework for trade secret protection has undergone dramatic change. Pillsbury’s Nathan Renov says: “Trade secret law has undergone a quiet but far-reaching transformation over the past decade. In the United States, the Defend Trade Secrets Act (DTSA) of 2016 created the first federal civil cause of action for trade secret misappropriation, aligning a patchwork of state laws under a single national standard. The DTSA’s reach is notably broad: it applies extraterritorially, empowers courts to issue ex parte seizure orders, and provides robust remedies for both domestic and cross-border misappropriation. By contrast, the European Union’s Trade Secrets Directive of the same year sought to harmonize national laws but did so with a greater emphasis on procedural fairness and proportionality. European courts tend to demand stronger evidence that a company has taken concrete, reasonable measures to maintain confidentiality before granting injunctive relief or damages, reflecting a more cautious and balanced approach.” “Across Asia, the picture is increasingly dynamic. China has made substantial strides in strengthening its trade secret protections, expanding definitions, increasing damages, and introducing criminal penalties to deter misappropriation. Japan and South Korea have likewise deepened their criminal enforcement mechanisms and enhanced corporate governance requirements, encouraging
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