The legal protection of trade secrets in the context of the data economy
Type
conference paper
Date Issued
2022-09
Author(s)
Radauer, Alfred
;
;
Aplin, Tanya
;
Searle, Nicola
;
Altenburger, Reinhard
;
Konopka, Ute
;
Bachner, Christine
Abstract
This contribution is based on our study which seeks to understand to what extent the legal protection of trade secrets enables business-to-business data sharing. Grounded in an evidence base of 51 semistructured interviews and 89 survey responses, the study adopts an interdisciplinary approach and combines law, economics, and management. In doing so, we develop a comprehensive understanding of how firms share data using 13 qualitative case studies, 51 interviews and statistical analysis of survey results, which we translate into an evidence base to inform EU policy on data sharing and legal regulation.
We find data sharing combined with trade secret usage is still in its infancy, with much scope for growth; however, this is hampered by a lack of clear institutional ownership within firms for trade secrets, particularly in the context of data sharing. Firms generally have minimal experience with the EU Trade Secrets Directive (TSD) of 20161 and lack clarity in assessing the requirements for trade secrets protection.
Applying these findings to policy, we recommend firms are supported with awareness and training, increased clarification of the Trade Secrets Directive both in law and guidance, and a need to better understand how trade secret law interacts with other types of law, including employment, criminal and competition law. Overall, our analysis highlights the potential of data sharing, and how trade secrets law can support or hinder the realisation of economic ambitions.
We find data sharing combined with trade secret usage is still in its infancy, with much scope for growth; however, this is hampered by a lack of clear institutional ownership within firms for trade secrets, particularly in the context of data sharing. Firms generally have minimal experience with the EU Trade Secrets Directive (TSD) of 20161 and lack clarity in assessing the requirements for trade secrets protection.
Applying these findings to policy, we recommend firms are supported with awareness and training, increased clarification of the Trade Secrets Directive both in law and guidance, and a need to better understand how trade secret law interacts with other types of law, including employment, criminal and competition law. Overall, our analysis highlights the potential of data sharing, and how trade secrets law can support or hinder the realisation of economic ambitions.
Language
English
Keywords
data sharing
trade secrets
EU law
automotive sector
life sciences sector
energy sector
financial services sector
HSG Classification
contribution to scientific community
HSG Profile Area
SoM - Business Innovation
Event Title
European Policy for Intellectual Property Association Conference (EPIP) 2022
Event Location
Cambridge, UK
Event Date
Sep 14-16, 2022
Subject(s)
Eprints ID
266758