Economic espionage: what legal qualification?

Economic espionage refers to intrusive, clandestine actions that often escape the legal framework, carried out to obtain a strategic or economic advantage through manipulation, corruption, or the theft of sensitive information.

The precision and legal contours of economic espionage are still poorly defined or non-existent in Europe and in France.

This article therefore examines the situation under French law.

Indeed, in France, economic espionage has long been poorly recognised legally, due to the absence of specific criminal offences, making its direct prosecution difficult.

The adoption of European Directive 2016/943 and the law of 30 July 2018 were beneficial, as they contributed to the creation of a civil regulatory framework for trade secrets. However, these texts contain no autonomous criminal component.

As a result, economic espionage remains criminally unpunished, although related offences may sometimes apply.

In conclusion, the article underlines and highlights the urgent need to establish in France a criminal offence specifically adapted to economic espionage in order to fill this legal gap.