The Cabinet of Ministers of Ukraine has approved a package of draft laws that change the rules for protecting trade secrets and undisclosed know-how of enterprises. The documents provide for new mechanisms of liability for the illegal use of confidential information, its protection during court proceedings, and compensation for business losses.

On November 5, the Cabinet of Ministers of Ukraine reported this, citing the Ministry of Economy and Environment.

The government proposes to clearly define the circumstances under which obtaining, using, or disclosing a trade secret is lawful or unlawful. This should eliminate legal uncertainty in disputes between enterprises, their employees, and counterparties.

New protection mechanisms for business

The draft laws provide for the introduction of special procedures for the protection of undisclosed technologies, production processes, commercial developments, and other information of economic value to an enterprise.

In particular, it is proposed:

  • to define the conditions for lawful and unlawful acquisition, use, and disclosure of trade secrets;
  • to establish mechanisms for preserving confidential information during court proceedings;
  • to introduce provisional and preventive measures to stop violations;
  • to clarify the procedure for securing claims for the protection of trade secrets;
  • to determine corrective measures and mechanisms for compensation of damages incurred.

Particular attention is paid to maintaining confidentiality during legal proceedings. The new rules are expected to allow companies to protect their rights without creating additional risks of disclosing commercial information during dispute resolution.

A separate change will be the removal of trade secrets from the list of intellectual property objects. The government explains this as aligning Ukrainian legislation with European standards. At the same time, this change in legal classification does not mean abolishing the protection of confidential commercial information.

Changes are related to Ukraine's accession to the EU

The draft laws were developed to implement the EU Directive No. 2016/943, which regulates the protection of undisclosed know-how and commercial information from unlawful acquisition, use, and disclosure.

The package includes a draft law "On Protection of Trade Secrets", amendments to the Civil Code of Ukraine, as well as changes to administrative, criminal, and criminal procedural legislation regarding liability for relevant offenses.

According to the Ministry of Economy, public discussion of the drafts took place from March 11 to March 25, 2026. The documents were also agreed upon with the European side as part of preparations for the implementation of the relevant EU directive.

The government expects the new rules to contribute to the protection of innovative developments, the development of fair competition, and the improvement of Ukraine's market attractiveness for foreign investors.

At the same time, the approval of the documents by the Cabinet of Ministers does not mean the new rules enter into force. The draft laws must undergo parliamentary review, be adopted by the Verkhovna Rada, and enter into force in the established procedure.