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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.

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Metadaten
Author:Tanya Aplin, Alfred Radauer, Martin BaderORCiD, Nicola Searle
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):License Logo Creative Commons BY 4.0
Release Date:2023/06/27