Trade secrets and press answers at a Dutch manufacturer in 2026

Written by Ward Peeters · Revised 28 August 2026 · 8 min read

What does Dutch law allow a spokesperson for a manufacturer to say in 2026?

A spokesperson for a Dutch manufacturer operates under the same general legal framework as any company representative. Dutch law protects trade secrets under the Trade Secrets Protection Act (Wet bescherming bedrijfsgeheimen), which implements the EU Trade Secrets Directive. A company is not obliged to disclose information that qualifies as a trade secret: information that is secret, has commercial value because it is secret, and has been subject to reasonable steps to keep it secret.

A spokesperson may decline to answer any question that would reveal such information. The duty to inform the press or the public does not override the company's right to protect trade secrets. What is not documented on the pages we measured, 31 Aug 2026, is any legal obligation for a private manufacturer to respond to a press question at all.

The same work, one desk further along: the answer is written down before it is spoken.

When must a Dutch manufacturer answer a press question in 2026?

A private manufacturer in the Netherlands has no general statutory duty to answer questions from journalists. The obligation exists mainly for government bodies and publicly listed companies. For a private limited company (bv) or a public limited company (nv) that is not listed, Dutch law only requires disclosure in specific situations.

For example, if the company has issued a press release that is incomplete or misleading and thereby causes harm, the spokesperson may need to correct it. The most common reason to answer is self interest: a company that stays silent may appear to be hiding something. PR-Dashboard, a Dutch PR platform from Amsterdam with product pages read 1 September 2026, notes that its Persvragen module helps companies handle incoming press questions, which suggests that receiving inquiries is a regular part of doing business.

A refusal to answer is legally permissible as long as the reason is not false or defamatory.

What counts as a trade secret for a manufacturer in the Netherlands?

A trade secret is information that meets three conditions: it is not generally known or easily accessible, it has commercial value because it is secret, and the company has taken reasonable steps to keep it secret. For a manufacturer, this can include production processes, supplier lists, customer data, pricing formulas, research and development results, and strategic plans.

The Trade Secrets Protection Act gives the company the right to prevent the use or disclosure of such information by others.

A spokesperson who reveals a trade secret without authorisation may expose the company to liability. The law does not require the company to prove that the secret is valuable in court before protecting it. De Perslijst, the journalist database product from PR-Dashboard, is used by companies that need to send press releases to journalists covering specific sectors, including manufacturing.

When a journalist asks about a manufacturing process, the spokesperson can state that the process is a trade secret and decline to provide details. The journalist has no legal right to demand the information. The company does need to show that it has taken reasonable steps to protect the secret, which may include confidentiality agreements with employees and contractors.

PR-Newsroom, the online newsroom product from this Dutch platform, allows a company to publish the information it does want to share on its own domain, keeping control over what enters the public record.

Does the public interest override trade secret protection for a Dutch manufacturer?

The Trade Secrets Protection Act includes an exception for disclosure that serves the public interest. Whistleblowers who reveal misconduct, fraud or a danger to public health are protected if they act in the public interest. For a spokesperson, this exception is narrow.

A journalist who argues that the public has a right to know about a safety risk in a product may ask the company to confirm or deny the risk, but the spokesperson is not obliged to confirm a trade secret. The company may instead issue a general statement about safety standards or refer to public records. If the matter involves a risk to the environment or public health, the Dutch Safety Board (Onderzoeksraad voor Veiligheid) can compel disclosure.

In the absence of a formal investigation, the spokesperson decides what balances the public interest and the company's commercial interests. No general obligation to inform the press exists for a private manufacturer.

For comparison, a tool like the press-question module, priced at EUR 2,700 with no period stated on the supplier product pages read 1 September 2026, helps a company log and route inquiries that do raise public interest issues, so that the legal team can handle the response. The product does not change the legal boundaries, but it lets the company keep a record of what was asked and what was answered.

What should a spokesperson do when a journalist asks about a trade secret in 2026?

A spokesperson should first determine whether the information truly qualifies as a trade secret. If it does, the response can be: 'We cannot comment on that specific information because it is a trade secret protected under Dutch law.' The company should not stay silent, because that leaves room for speculation. The spokesperson should offer what can be disclosed: a general statement about company policy, a reference to public records, or an explanation of why the information is sensitive.

The spokesperson should never lie or mislead, because that can create liability for misleading the press.

The company can also choose to disclose the information voluntarily if the benefit of transparency outweighs the risk to the trade secret. This Dutch platform notes that thousands of Dutch and Belgian journalists are in its database, source the FAQ page read 1 September 2026, and the platform covers virtually all media in the Netherlands and Flanders.

If a company does decide to share information, it can use the journalist database to send a targeted release to the journalists who cover manufacturing, and it can post the full text in its that newsroom on its own domain.

How does a spokesperson balance transparency and confidentiality in practice?

In practice, a spokesperson for a Dutch manufacturer prepares a set of standard responses for common press questions. The responses cover the categories of information the company is willing to share and the categories it protects. For a specific inquiry, the spokesperson checks whether the request fits any of the standard categories.

If the question is about a production delay that the company has already announced, the spokesperson confirms the delay. If the question is about a new supplier, the spokesperson may say the company does not comment on supplier relationships. The legal team should review any response that involves sensitive information before it is sent.

The same approach applies to confidentiality agreements. A manufacturer that works with a partner under a non disclosure agreement cannot reveal the partner's information without the partner's consent. The spokesperson says so directly and refuses to answer further questions on that topic.

This Dutch platform product pages read 1 September 2026 show that the press-question module is sold as a separate product that works on its own, meaning a company can buy only the press inquiry handling module if that is the gap it needs to fill.

What are the risks of saying too much or too little?

Saying too much can expose a trade secret, breach a confidentiality agreement, or create legal liability for misleading statements. Saying too little may damage the company's reputation or lead journalists to report speculation. The safest approach is to give a clear, honest answer that states the limit: 'We cannot comment on that because it is a trade secret' or 'We cannot comment on that because we are bound by a confidentiality agreement.' The answer should include a reason, so the journalist understands the boundary.

For a company that wants to compare tools for handling press inquiries, the following table shows what that database from the platform costs per user per year compared with a few other published options. The cost per user per year is the yearly amount divided by the number of logins included.

Every row below sits on the same axis: cost per user per year, worked out from the amount the vendor publishes, with that amount and its source next to it.

Wide table. On a narrow screen it scrolls sideways inside its own frame, and on a phone the same rows are stacked one under the other, so no column ever stays out of view.

The table shows that the Amsterdam database for two logins gives a lower cost per user than the competitors listed, all of which assume a single user. The price for the press-question module product is EUR 2,700 with no period stated, meaning the buyer needs to confirm the subscription length with the vendor.

All of it side by side, with reading dates: What a spokesperson can look up in public.