The regular readers of this blog certainly remember the usual suspects of trade secret misappropriation are employees, former employees, and self-employed consultants. In our series of blog posts about international trade secret misappropriation and trade secret enforcement under the Belgian Trade Secrets Act, we also explained that actions based on trade secrets misappropriation are in principle heard by the Enterprise Court. However, if the defendant is an employee or an ex-employee suspected of trade secret misappropriation during the course of employment, then the labor court has jurisdiction.
In a recent decision handed down by the Belgian Supreme Court (“Cour de cassation”)[1], an important point of civil procedure has been clarified in relation to actions for trade secret misappropriation brought against former employees.
Actions that are brought against employees or former employees on the basis of their employment contract are subject to a statute of limitations of either five years from the event giving rise to the claim or one year from termination of the employment contract, whichever occurs first. This can cause problems for employers, as the vast majority of actions against former employees will relate to something that occurred during the course of employment. This means that such actions are effectively time-barred one year after the end of the employment contract. This is especially relevant in the context of a breach of a non-compete clause or...
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