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Protection of algorithms in big data applications

How to protect sensitive algorithms in light of the EU’s Trade Secret Directive?

Article in German language by Dr. Katharina Scheja, published in: CR | Computer und Recht, 8/2018, S. 485 - 552

Who can claim ownership in complex algorithms for big data applications? Who owns business sensitive data and data collections? The „Trade Secret Directive“ (EU-Dir 2016/943 of June 8th, 2016) of the European Union has created a new framework which is also applicable to the protection of technological know-how. The Directive will be implemented in Germany soon. As a result, it will be possible to effectively protect algorithms – which are essential for big data applications – against abuse and counterfeiting. Achieving such enhanced level of protection will, however, require a number of internal steps to be taken as well as an adaption of underlying contracts. The essay explains the new legal framework and elaborates on what enterprises need to do to protect their algorithms and know-how.

Article in German language, published in: CR - Computer und Recht, 8/2018, p. 485-552

If you are interested in more details or want to receive the full article (in German language), please don't hesitate to contact Katharina Scheja directly.

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