1.

Explicit Inclusion of "Hacking" as a Method of Unfair Acquisition of Trade Secrets

Under the current UCPA, acquiring trade secrets through theft, deception, coercion, or other improper means is classified as an unfair acquisition. Consequently, obtaining trade secrets via hacking has historically relied on legal interpretation to determine whether it falls under "other improper means."

The amendment removes this ambiguity by explicitly listing "hacking" as a method of unfair acquisition (Article 2, Subparagraph 3, Item (a) of the Amendment), clearly establishing that technology-based trade secret theft is strictly regulated under the UCPA.

Furthermore, "hacking" has been explicitly added to the statutory provisions governing criminal penalties for the unfair acquisition of trade secrets (Article 18, Paragraph 1, Item 2 of the Amendment).
 

2.

New Sanctions Against Brokers Involved in Trade Secret Leakage

Industry experts have long noted a lack of direct legal mechanisms to penalize brokers who facilitate trade secret infringements, such as assisting in the movement of a company's key personnel to a competitor.

To address this, the amendment classifies the act of introducing, arranging, or inducing trade secret infringements (covering violations under Article 2, Subparagraph 3, Items (a) through (f) of the Amendment) as a statutory trade secret infringement itself (Article 2, Subparagraph 3, Item (g) of the Amendment). This allows trade secret holders to pursue civil remedies—such as claims for injunctions (Article 10) and damages (Article 11)—directly against brokers and facilitators.

Additionally, the amendment establishes independent criminal penalties for individuals or entities that introduce, arrange, or induce acts subject to criminal prosecution (Article 18, Paragraph 1, Item 4, referencing Items 1 through 3), making broker activities an independent offense.
 

3.

Refined Penalties for Using and Disclosing Unfairly Acquired Trade Secrets

Beyond the initial act of acquiring trade secrets through improper means, the amendment clarifies that using or disclosing such secrets to third parties is also punishable (Article 18, Paragraph 1, Item 2 of the Amendment). Moreover, disclosing trade secrets to a third party while knowing that a misappropriation has occurred has been added as a punishable offense (Article 18, Paragraph 1, Item 3 of the Amendment).