Chapter 2. Trade secrets protection in the international context

Ocaña, Teresa Trallero

doi:10.5771/9783748911975-129

Cited by 1 publication

(1 citation statement)

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“…50 This agreement, along with all its schedules and appendices, including the SLA, may be referred to as the 'IT outsourcing contract,' the 'outsourcing contract,' the 'master services contract,' or the 'services contract. 51 Using a structured framework agreement with a separate schedule for the SLA provides several benefits. Firstly, it enables the separation of legal terms for the overall deal from the specific deliverables, technical details, and timetables that relate to the services outlined in the SLA.…”

Section: Analysis Of Research Findingsmentioning

confidence: 99%

The liability of online intermediaries under European Union law

Bulgakova,

Deruma

2023

KMLPJ

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This research explores the complex and multifaceted issue of online intermediary liability. It illuminates the challenges arising from the absence of uniform regulations and the need for a collaborative system between online intermediaries and rightsholders. Specifically, the article scrutinizes the liability of online intermediaries under European Union law for violations of legal interests in online content. It strives to balance intermediary liability frameworks and fair competition, drawing attention to the relationship between specific provisions and the concurrent regime outlined in the e-Commerce Directive. Moreover, the article evaluates the consistency of liability frameworks for online intermediaries and their compliance with market functioning rules under the Trade Secrets and the Unfair Commercial Practices Directives. Furthermore, the article consults the consequences of the EU Directive on Copyright in the Digital Single Market, which holds online user-generated content platforms directly responsible for infringing content. And, unlike the original draft, the final version of this directive does not impose general monitoring obligations. Nevertheless, online intermediaries may need to implement filtering measures to avoid liability for unauthorized communication of copyright-protected works to the public. The writing also considers the impact of a prior legal framework, and the Digital Service Act established to address the issue of online intermediaries being held liable for any illegal information disseminated through their platforms. The research underscores the innovative features of the Digital Services Act, acknowledging the challenges of creating a practical legal framework striving to avoid conflicts with relevant laws. Therefore, this paper sheds light on the complex nature of online intermediary liability to the EU approach accordingly.

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Section: Analysis Of Research Findingsmentioning

confidence: 99%