– Law No. 11/1991 on combating unfair competition.
– Romanian Criminal Code.
– Government Emergency Ordinance No. 25/2019 on the protection of undisclosed know-how and trade secret business information against unlawful acquisition, use and disclosure (GEO No. 25/2019).

Note: the Government Emergency Ordinance No. 25/2019 gives effect to the EU Trade Secrets Directive (EU 2016/943).

– Paris Convention for the Protection of Industrial Property, Stockholm Act.
– WTO's TRIPS Agreement, since January 1, 1995.

Definition: according to Law No. 11/1991, trade secrets are defined as information that cumulatively meets the following requirements: (1) are secret, in the sense that they are not, as a whole or as their elements are presented or articulated, generally known or easily accessible to persons who normally deal with the type of information in question; (2) have commercial value by the fact that they are secret; (3) given the circumstances, have been the subject of reasonable measures to be kept secret, taken by the owner of that information.

Criteria for enforcement: element (3) above in the definition of trade secrets calls for an active involvement of the trade secrets owners to take reasonable measures in order to keep the information secret. In other words, trade secret owners must prove that they took steps to identify/protect the information as secret (otherwise, such information may lose its status as a trade secret). The legislation does not go into further details on how this should be effectively implemented. In practice, however, trade secrets can be kept safe by using a combination of various barriers, including marking documents as "Confidential", using data encryption software tools, concluding confidentiality agreements, implementing a trade secrets policy, etc. It is common for companies to conclude confidentiality agreements with their employees and with their commercial partners, which are allowed access to trade secrets. This comes as an additional step to enhance the protection of trade secrets and to prevent unauthorised disclosure of confidential information.

Assignment - licensing: trade secrets (as other forms of intellectual property) can be transferred or licensed.

Remedies for misappropriation: the court may grant interim measures such as the cessation of or the prohibition of the use or disclosure of the trade secret; prohibition of the production, offering, placing on the market or use of infringing goods, import, export or storage of trade secret infringing goods; the seizure or delivery up of the suspected infringing goods, including imported goods. The court may also grant compensation for damages, a fine, or imprisonment from three months to two years.