Trade Secrets, Big data and Artificial Intelligence Innovation: a Legal Oxymoron?

Research output: Chapter in Book/Report/Conference proceedingBook chapter


This chapter will analyse the Trade secret Directive from a technological informed legal perspective, looking at the possibilities and scope of protection that it offers for knowledge based activities and business models. It opens by restating the basic yet important fact that “Information is power”. Asymmetries in information are a fundamental transaction cost and in this sense informational quality and quantity translates into economic competitive advantage. Different types of informational resources have for long been an important asset of businesses. Informational technologies, automated data retrieval and cross reference will produce large quantities of valuable data that can be used for research, development and marketing of all types of products and services. Big data is not static data, is real time data, searchable and able to produce new data. Such data will constitute an important immaterial asset and trade secrets an important form of legal protection. However, and as a reverse side of the coin, Artificial Intelligence and data mining tools pose a considerable challenge to trade secrets as a legal concept.


Research areas and keywords

Subject classification (UKÄ) – MANDATORY

  • Law


  • Trade Secrets, AI & IP, Trade Secret Directive, undisclosed commercial information, AI & trade secrets, Big data & IP
Original languageEnglish
Title of host publicationThe Harmonization and Protection of Trade Secrets in the EU
Subtitle of host publicationAn Appraisal of the EU Directive
EditorsJens Schovsbo, Timo Minssen, Thomas Riis
PublisherEdward Elgar Publishing
ISBN (Print)978 1 78897 333 5
Publication statusPublished - 2020 Jul
Publication categoryResearch

Related research output

Jens Hemmingsen Schovsbo, Timo Minssen & Thomas Riis, 2020 Jul 9, United Kingdom: Edward Elgar Publishing.

Research output: Book/ReportBook

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