Decompiling the rules on trade secrets, software and reverse engineering – the sequel

In my previous post from January last year I discussed reverse engineering in light of the Trade Secrets Directive (“TSD”) as well as the Software Directive (“SD”). I strongly recommend you to review my previous post (here) before reading this piece, since said post lays the foundations for the arguments and considerations discussed below.

The focus of this article will lie on implementation of the provision on reverse engineering in Finnish legislation. A very interesting aspect here is the relationship between trade secrets and copyright, which is why I have chosen to discuss in particular in this post.

Background

As a consequence of the adoption of the TSD, the Finnish Ministry of Economic Affairs and Employment (“MEAE”) assigned a working group to prepare the national implementation of the TSD in Finland. On 18 October 2017, the working group published its recommendation (“Finnish Proposal”) in which it proposes reform and consolidation of the Finnish legislation concerning the protection and civil enforcement of trade secrets. The aim is to enhance the protection of trade secrets by providing effective legal remedies against trade secret misappropriation. In the Finnish Proposal, it is suggested that the TSD would be mainly implemented by a wholly new Trade Secrets Act.

Continue reading “Decompiling the rules on trade secrets, software and reverse engineering – the sequel”

Final Countdown! New EU data protection law applies as of 25 May 2018

Guest post by Helmut Liebel*

In only a few months, the new General Data Protection Regulation (GDPR) will be directly applicable in all EU member states. The GDPR replaces the 1995 EU Data Protection Directive. For the first time, a uniform, directly applicable EU data protection law is introduced.

 

THE AIM

The GDPR protects personal data of natural persons, such as employees, customers and suppliers. Regardless whether companies (as controllers) process the data of such data subjects in the EU themselves or task processors with this job, in each case they must comply with the GDPR. Continue reading “Final Countdown! New EU data protection law applies as of 25 May 2018”