China: State Administration for Market Regulation Issued the Provisions on the Protection of Trade Secrets
On 24 February 2026, the State Administration for Market Regulation issued the Provisions on the Protection of Trade Secrets (the “Provisions“). The Provisions shall take effect on 1 June 2026.
Incorporating former rules and judicial practice, the Provisions made institutional improvements for important issues such as the criteria for determining trade secrets, the specific circumstances constituting infringement upon trade secrets and the procedure for owners of trade secrets to seek relief. Through enumeration of forms of trade secrets and the specific methods of trade secret infringement, the Provisions further strengthened the protection of specific forms of trade secrets in digital economy era.
The Provisions effectively expanded the scenarios in which trade secret protection applies and clarified the contours of infringing acts, thereby affording rights holders more comprehensive legal protection.
Key Action Points
Trade secrets refer to commercial information such as technical information and business information that is not known to the public, has commercial value, and for which the rights holder has taken corresponding confidentiality measures. With the advancement of technology and the continuous innovation of business models, forms of trade secrets are demonstrating a trend of dynamic development. China has been actively working to refine its trade secret protection system in both the legislative and judicial spheres.
Enterprises may find themselves in the position of either a disclosing party or a receiving party of trade secrets. Alongside the increasingly clear rules on protection of trade secrets and the increasingly strong protection of trade secrets, companies must not only enhance internal training to raise employees’ awareness of confidentiality obligations and earnestly implement trade secret protection systems, but also proactively identify and mitigate potential infringement risks.
In the course of workforce management, it is imperative to undertake necessary compliance review measures and shift the risk prevention and control threshold forward, so as to address mounting compliance challenges and avert potential litigation risks.
