The Role of EU Trade Secrets Law in the Data Economy: An Empirical Analysis
- This article draws on a recently completed study for the European Commission on trade secrets in the data economy. It distils the main findings of that Study and advances it by reflecting on and analyzing these findings in the context of existing legal, management and economics literature, as well as their implications for EU legal policymaking when it comes to trade secrets law. In order to facilitate data sharing, the article argues for a cautious approach, with very modest legislative reforms to the EU Trade Secrets Directive, instead preferring soft law and practical steps to be taken. There is, however, greater scope to reform legal regimes that are complementary to EU trade secrets law, such as the sui generis database right.
Author: | Tanya Aplin, Alfred Radauer, Martin BaderORCiD, Nicola Searle |
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Language: | English |
Document Type: | Article |
Year of first Publication: | 2023 |
published in (English): | IIC - International Review of Intellectual Property and Competition Law |
Publisher: | Springer |
Place of publication: | Heidelberg |
ISSN: | 2195-0237 |
Volume: | 54 |
Issue: | 6 |
First Page: | 826 |
Last Page: | 858 |
Review: | peer-review |
Open Access: | ja |
Version: | published |
Tag: | Confidential and commercially valuable data; Contract; Copyright; Data economy; Data sharing; Database right; EU legal policy; Trade secrets |
URN: | urn:nbn:de:bvb:573-37389 |
Related Identifier: | https://doi.org/10.1007/s40319-023-01325-8 |
Faculties / Institutes / Organizations: | THI Business School |
Licence (German): | ![]() |
Release Date: | 2023/06/27 |