El tratamiento procesal de la información constitutiva de secreto empresarial: especial referencia a las medidas de protección de la confidencialidad de la Ley 1/2019, de Secretos Empresariales

Abstract

The Spanish Act on Trade Secrets (1/2019), has transposed Directive (EU) 2016/943 into Spanish law and has established a set of measures and guarantees aimed at protecting the confidentiality of trade secrets, when their disclosure is required within the framework of some procedural actions. Among other aspects, it is necessary to determine the objective and subjective scope of the provisions contained in the law, clarify to what extent litigants have a duty or burden to reveal their trade secrets when required by their procedural adversary, and examine to what extent and under what conditions the measures consisting of restricting the litigants' access to confidential information are compatible with the basic procedural guarantees and the right of fair trial