Sweden: Swedish Government Proposes Expanded Criminal Liability for Infringements of Technical Trade Secrets

Author: Elsa Jönsson

On 9 September 2025, the Swedish government presented a bill proposing more comprehensive criminal liability for infringements of trade secrets. Under the proposal, it will be a criminal offence for individuals who lawfully possess a technical trade secret to intentionally and unlawfully exploit or disclose it.

“New threats have increased the need for strengthened criminal-law protection” the Government states in its 9 September 2025 bill. For a knowledge‑intensive nation like Sweden, fit‑for‑purpose trade secret protection is essential. In an era marked by a conflict-ridden global environment, digitalisation, international competition and rising cyber‑espionage, the risk landscape has changed since the 1980s framework was crafted. More comprehensive criminal‑law protection is therefore deemed necessary.

Today, it is a criminal offence to unlawfully gain access to or obtain a trade secret. However, the criminal provisions do not cover those who have lawful access to a trade secret. Such individuals may commit unlawful exploitation or disclosure of a trade secret, but these infringements are not currently criminal and can only give rise to liability for damages.

The Government’s proposal means that it will be a criminal offence even for someone with lawful access to a trade secret to intentionally and unlawfully exploit or disclose the trade secret. The expanded criminal liability is proposed to apply to individuals who have received the trade secret through employment or comparable participation in the operations of a business or research institution, for example in staffing assignments. The proposal covers only technical trade secrets, such as manufacturing processes, drawings and other production-related information. Commercial trade secrets, such as customer lists and business plans, are not covered.

The new offences – unlawful exploitation of a technical trade secret and unlawful disclosure of a technical trade secret – are proposed to be punishable by fines or imprisonment for up to two years. For aggravated offences, imprisonment of at least six months and up to six years is proposed. Minor cases will not be criminal. In assessing whether a case is minor, particular consideration should be given to whether the act was committed after the employment or comparable participation ended. This delineation aims to balance the protection of trade secrets with the need for labour market mobility.

The bill also proposes consequential amendments to the Trade Secrets Act so that its existing offence provisions encompass the new offences. In addition, it will allow coercive measures in cases involving state‑directed unlawful disclosure of technical trade secrets.

The legislative amendments are proposed to enter into force on 1 January 2026.

Key Action Points for Human Resources and In-House Counsel

Companies should monitor legal developments, as well as ensure robust policies, procedures, and agreements to protect trade secrets and other confidential information.