Implications of Applying the Act on the Protection of Trade Secrets and GDPR in Data Trustees
摘要
The protection of trade secrets by data trustees is critical in a time of rapid digitalization and evolving data-sharing practices. Data trustees act as intermediaries managing sensitive information on behalf of data providers, requiring robust technical and legal safeguards to ensure compliance with the German Act on the Protection of Trade Secrets (GeschGehG) and the General Data Protection Regulation (GDPR). This paper examines the legal and technical requirements for trade secret protection and presents our ongoing research, which includes requirement analysis and some first steps regarding the implementation. The GeschGehG, which is aligned with the EU Trade Secrets Directive, defines trade secrets and prescribes appropriate confidentiality measures to ensure their protection. Under Sect. 2(1)(b) of the GeschGehG, failure to implement such measures may result in losing trade-secret protection. Similarly, GDPR introduces stringent requirements for handling personal data, creating complexities for data trustees navigating both regulations. The legal precedence emphasizes a risk-based approach, which requires comprehensive evaluations of potential vulnerabilities and tailored protective measures. From a technical perspective, effective trade secret protection involves clear identification of data users, adherence to the need-to-know principle, automated filtering to exclude sensitive information from shared datasets, and robust security measures to prevent unauthorized access. Legal safeguards, such as contractual obligations and explicit warning systems, further mitigate risks. Our research focuses on implementing these requirements within the framework of an access-type data trustee, where data sharing occurs only under explicit user instructions. By integrating insights from GDPR and GeschGehG, we aim to develop a technically viable and legally compliant system that ensures trade secrets are effectively safeguarded, fostering trust and integrity in data-sharing practices as the digital landscape evolves.