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Balancing Data Sharing Obligations and Trade Secret Protection: Navigating the Implications of the EU Data Act

Häkkinen, Niina LU (2024) JAEM03 20241
Department of Law
Faculty of Law
Abstract
The European Union has recognised the potential of data for its data economy, fostering innovation, driving competition and enhancing transparency. To fully utilise its potential, enabling access to data is crucial. The objective of the Regulation (EU) 2023/2854 on harmonised rules on fair access to and use of data (Data Act) is to provide new possibilities for accessing and re-using information.

Some of the shared data may be subject to trade secret protection and the specific characteristics of trade secret protection create challenges when it comes to disclosure of such data. In essence, trade secret protection requires that information should be kept secret, it should have commercial value because due to being a secret and... (More)
The European Union has recognised the potential of data for its data economy, fostering innovation, driving competition and enhancing transparency. To fully utilise its potential, enabling access to data is crucial. The objective of the Regulation (EU) 2023/2854 on harmonised rules on fair access to and use of data (Data Act) is to provide new possibilities for accessing and re-using information.

Some of the shared data may be subject to trade secret protection and the specific characteristics of trade secret protection create challenges when it comes to disclosure of such data. In essence, trade secret protection requires that information should be kept secret, it should have commercial value because due to being a secret and necessary measures to ensure the confidentiality of the secret must be taken. Considering the non-exclusive nature of trade secret protection and the possibility of reverse engineering, trade secret protection is already viewed as an uncertain means of protection. This thesis will elaborate on how the uncertainties and specifics related to trade secret protection create a conflict between the demand for access to
information and the protection of trade secrets. This thesis will analyse how the provisions of the Data Act aim to accommodate the protection of trade secrets while simultaneously mandating access.

This thesis argues that the new data sharing obligations established by the Data Act pose risks to the legal certainty of trade secrets when data containing confidential information is being shared with users or their requested third parties. The pertaining legal uncertainty can lead to breaches of confidentiality and decreased enforcement of trade secrets as a form of protection. (Less)
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author
Häkkinen, Niina LU
supervisor
organization
course
JAEM03 20241
year
type
H2 - Master's Degree (Two Years)
subject
keywords
EU Data Act, access to data, data governance, trade secret protection, internet of things, European data economy, legal certainty
language
English
id
9157045
date added to LUP
2024-06-25 12:19:52
date last changed
2024-06-25 12:19:52
@misc{9157045,
  abstract     = {{The European Union has recognised the potential of data for its data economy, fostering innovation, driving competition and enhancing transparency. To fully utilise its potential, enabling access to data is crucial. The objective of the Regulation (EU) 2023/2854 on harmonised rules on fair access to and use of data (Data Act) is to provide new possibilities for accessing and re-using information. 

Some of the shared data may be subject to trade secret protection and the specific characteristics of trade secret protection create challenges when it comes to disclosure of such data. In essence, trade secret protection requires that information should be kept secret, it should have commercial value because due to being a secret and necessary measures to ensure the confidentiality of the secret must be taken. Considering the non-exclusive nature of trade secret protection and the possibility of reverse engineering, trade secret protection is already viewed as an uncertain means of protection. This thesis will elaborate on how the uncertainties and specifics related to trade secret protection create a conflict between the demand for access to 
information and the protection of trade secrets. This thesis will analyse how the provisions of the Data Act aim to accommodate the protection of trade secrets while simultaneously mandating access.

This thesis argues that the new data sharing obligations established by the Data Act pose risks to the legal certainty of trade secrets when data containing confidential information is being shared with users or their requested third parties. The pertaining legal uncertainty can lead to breaches of confidentiality and decreased enforcement of trade secrets as a form of protection.}},
  author       = {{Häkkinen, Niina}},
  language     = {{eng}},
  note         = {{Student Paper}},
  title        = {{Balancing Data Sharing Obligations and Trade Secret Protection: Navigating the Implications of the EU Data Act}},
  year         = {{2024}},
}