The Court of Justice of the European Union (CJEU) has recently issued judgments clarifying the interplay between the General Data Protection Regulation (GDPR) and the protection of trade secrets. These decisions provide guidance on how organizations should manage and grant access to personal data while safeguarding confidential business information.
Obligations to Inform and Exceptions Related to Trade Secrets
In case C-169/23, the CJEU addressed the obligations of data controllers to inform data subjects when their personal data is obtained from third parties or generated internally. The Court emphasized that, under Article 14 of the GDPR, data controllers are generally required to provide such information to data subjects. However, Article 14(5)(c) provides exceptions to this obligation, notably when the provision of information is impossible, requires disproportionate effort, or when the collection or disclosure of data is expressly laid down by law. Importantly, any such law must include appropriate measures to protect the legitimate interests of the data subject.
Right of Access and Protection of Trade Secrets
In case C-203/22, the CJEU explored the balance between a data subject's right to access their personal data and the protection of trade secrets. The Court was asked to determine how detailed the information provided to the data subject should be, especially in the context of automated decision-making processes, without compromising trade secrets. The Court also considered whether data related to third parties, protected under the GDPR, should be disclosed to the data subject or only to an independent authority or court responsible for verifying the accuracy of the processing.
Implications for Data Management and Access in Europe
These judgments have significant implications for organizations across Europe concerning the management and access to personal data:
- Enhanced Transparency: Organizations must be transparent about the collection and use of personal data, even when such data is not obtained directly from the data subjects.
- Balancing with Trade Secrets: Organizations need to strike a balance between fulfilling their obligation to inform data subjects and protecting their trade secrets. This may involve providing general information about automated processing without revealing sensitive details.
- Role of Authorities and Courts: In situations where disclosing detailed information could compromise trade secrets or third-party data, organizations may provide such information to independent authorities or courts. These bodies can then verify the compliance of the processing activities without disclosing sensitive information to the data subjects.
In conclusion, the CJEU emphasizes the importance of transparency in personal data processing while acknowledging the necessity of protecting trade secrets. Organizations must adopt appropriate measures to comply with these obligations while safeguarding their confidential information.
