On The Legal Protection Of Business Secrets In Big Data Environment

With the rapid development of big data environment,the existence of trade secrets based on data information has brought a huge impact on the protection of traditional trade secrets.Start by protecting objects,the object of trade secret protection has undergone a great change.The emergence of big data makes trade secrets gradually appear in the form of data,and data becomes a new carrier of trade secrets.Therefore,the protection measures of trade secrets are challenged,and the emergence of big data impacts the original protection measures.In addition,in the development process of big data,the phenomenon of big data technology being commercialized gradually appears.The protection of big data by relevant laws is not perfect,which seriously threatens the security of trade secrets.Therefore,it is more important to timely improve the laws on trade secrets in the era of big data to promote the healthy development of enterprises.This paper discusses the legal protection of trade secrets in the big data environment.The paper is divided into four parts:The first part is about the overview of trade secrets in the big data environment.Specifically,it includes three aspects: the definition of trade secrets and big data,the connotation and characteristics of trade secrets,and the risks faced by trade secrets in the big data environment.At present,there are the following types of infringement: illegal means to obtain trade secrets,use illegal means to disclose,use or allow others to use illegal means to steal trade secrets,abuse,disclosure of legitimate sources of trade secrets,third party malicious theft,use,disclosure of trade secrets.The second part expounds the current situation and problems of trade secret protection in big data environment.This paper analyzes the legislative status of trade secrets in the Anti-Unfair Competition Law,Contract Law and Civil Procedure Law.Combined with the problems often encountered in practice,this paper summarizes the problems faced by the protection of business secrets in the big data environment in China: the identification of "confidentiality" is vague,vulnerable to "second leaks" in litigation,the standard of the amount of tort compensation is lack of operability,and the legal attribute of big data is not clear.The third part expounds the extraterritorial reference and inspiration of the legal protection of trade secrets in the big data environment.Through the observation of the protection of trade secret legislation in the European Union and the United States,our country needs to perfect the legal attribute of data and establish a perfect legal protection system of data.The fourth part puts forward the Suggestions of perfecting the legal protection system of trade secrets in the big data environment: make clear the condition that the publicly known information can be identified as secret,specify the burden of proof and cross-examination method of trade secrets,specify the tort damage compensation system,and make clear the legal attribute of data.As for the complex particularity of trade secret cases,the specific application of law still needs to be further explained and clarified through judicial interpretation or law enforcement practice.