Trade secret protection for data
Gintarè Surblytė-Namavičienė · Edward Elgar Publishing eBooks · 2020
This chapter delves into the analysis whether data (data sets) may be eligible for trade secret protection under the EU Trade Secrets Directive. The requirements for a trade secret definition (a subject matter, secrecy, economic value and reasonable steps taken by a trade secret holder) are scrutinized with a particular focus on the special features related to data. The chapter further analyses the implications of trade secret protection for the data economy, in particular as regards the exercise of the rights of the data subjects such as the right to access personal data, the right to data portability and the right not to be subject to solely automated decision-making. Furthermore, the chapter digs deeper into the scope of trade secret protection and discusses reverse engineering in the context of AI technology. Finally, the chapter analyses whether pecuniary compensation, as foreseen in the EU Trade Secrets Directive, might serve as a compulsory licensing.