Guide to Doing Business
in St. Maarten
Confidential information, know-how & trade secrets
Information as such is not protected under the laws of St. Maarten. When information that is confidential by nature and/or of which it is agreed that it would be kept confidential, is disclosed, damages could be claimed if an action based on the liability arising from a wrongful act (tort) or from a breach of contract is brought before the Court.
Know-how and trade secrets are also not protected under any specific law. Again, it is recommended to provide for the necessary protection in (confidentiality) agreements, so that in case of unpermitted disclosure damages and/or (contractual) penalties can be claimed based on the liability arising from a breach of contract.