Definition of Business Confidentiality – European Union

Read and reread until you understand this definition of Business secrecy by the European Union.

You will need it in your Sciences Po exam papers, and it will help you better understand the particularly complex directive issued by the European Union, which gave rise to the General Data Protection Regulation, to which companies targeting a European audience are subject.

General Knowledge: the Secret

In bold, information to remember.

For the purposes of this directive, the following definitions apply

1) ”business secret’ means information that meets all of the following conditions:

a) it is secret in the sense that, as a whole or in the exact configuration and assembly of its elements, it is not generally known to, or readily accessible by, persons in the circles normally concerned with the kind of information in question
b) they have commercial value because they are secret,
c) the information has been kept secret by the person lawfully in control of it in a manner that is reasonable in the circumstances;

Then you can venture into the July 30, 2018, law in France:

“Art. L. 151-8.-On the occasion of a proceeding relating to a breach of business secrecy, secrecy is not enforceable when its obtaining, use or disclosure occurred:
‘1° to exercise the right to freedom of expression and communication, including respect for freedom of the press, and to freedom of information as proclaimed in the Charter of Fundamental Rights of the European Union;
” 2° To reveal, with the aim of protecting the general interest and in good faith, illegal activity, misconduct or reprehensible behavior, including during the exercise of the right to alert defined in Article 6 of Law No. 2016-1691 of December 9, 2016, on transparency, the fight against corruption and the modernization of economic life;
’ 3° For the protection of a legitimate interest recognized by European Union law or national law.

→ Citations on the Secret