We share the contribution of Ms. Victoria Hernández Turiel , Lawyer and Political Scientist. Specialist in new technology law. She is an expert in data protection, electronic commerce and intellectual and industrial property. In this article, the violation of secrets is analyzed as an act of unfair. Competition that was modified by Law / of February , on Business Secrets , which on March. Celebrated two years since its entry into force . Its study is essential, given that together with other intellectual or industrial property rights. Business secrets constitute one of the most important intangible assets of companies. The delimitation of the concept, its regulation

Introductory notes In the Spanish regulations

In this sense, any conduct of a businessman or professional that is contrary to good faith is considered unfair with respect to consumers and users , and may significantly influence the economic behavior of the consumer, as is the case of the “violation of business secrets.” Delimitation of the concept and regulation The LCD classifies as unfair the conduct consisting of the disclosure or exploitation of industrial or business Taiwan WhatsApp Number List secrets to which access has been obtained legitimately with the duty to maintain the confidential information, or, through espionage or similar procedure, provided that said act is carried out without authorization or consent of the owner. Consequently, said disclosure or exploitation of secrets would not be considered unfair if the owner of the information consented.

It establishes that the information must meet

The people belonging to the circles in which that information or knowledge is used, nor easily accessible to the people who move in that circle. Secondly, have business value , whether real or potential. Finally, it must have been subject Finland WhatsApp Number List to reasonable measures to keep it secret by the owner. The second section highlights that protection is conferred on the owner of the secret, who may be a natural person or a legal entity as long as they exercise control over it, and the third emphasizes that the provisions of the LSE must respect the provisions in all cases. in Title on Patents, with which it has a direct relationship with industrial property legislation. Objective and subjective scope of application.