EU Trade Secrets Law and Algorithmic Transparency

16 Pages Posted: 18 Apr 2019

See all articles by Mariateresa Maggiolino

Mariateresa Maggiolino

Bocconi University - Department of Legal Studies; Ask Research Center

Date Written: March 31, 2019

Abstract

To date, more and more decisions are supported or even directly assumed by algorithms. As a result, we need to understand how to prevent and govern those algorithmic choices that may prove to be wrong, unfair, or discriminatory. Algorithmic transparency, that is, the possibility to investigate the sequence of commands of which algorithms are made, could represent a solution, although partial, to this problem. However, algorithms can be protected as trade secrets within the meaning of the new European Directive 2016/943. Therefore, the paper discusses if and how much the rules foreseen in such Directive offer room to hypotheses of algorithmic transparency.

Keywords: EU Trade Secret Law, Algorithm, Transparency

Suggested Citation

Maggiolino, Mariateresa, EU Trade Secrets Law and Algorithmic Transparency (March 31, 2019). Bocconi Legal Studies Research Paper No. 3363178, Available at SSRN: https://ssrn.com/abstract=3363178 or http://dx.doi.org/10.2139/ssrn.3363178

Mariateresa Maggiolino (Contact Author)

Bocconi University - Department of Legal Studies ( email )

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Milan, Milan 20136
Italy

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