Confidential information and intellectual property

Confidential information

The law of confidentiality is often the best way of protecting valuable proprietary information such as trade secrets and know-how where these are not otherwise adequately protected by other means (eg via intellectual property rights), or where using other types of protection is unattractive for commercial reasons.

Even if other types of rights exist (eg patent rights in the case of patented inventions), often the real value of an invention or new piece of technology does not lie just in the invention itself, but also in the associated know-how, training and guidance required to fully exploit it. Therefore, the law of confidentiality also helps to protect valuable information associated with (for instance) an invention, along with financial, customer and similar confidential information that a business holds.

Examples

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General Court dismisses Amazon’s Challenge to VLOP designation (Amazon EU v Commission)

EU Law analysis: In its judgment of 19 November 2025 in Case T-367/23, the General Court of the European Union dismissed the action brought by Amazon EU Sàrl (Amazon) against its classification by the European Commission (Commission) as a so-called ‘Very Large Online Platform’ (VLOP) under Article 33(1) of Regulation (EU) 2022/2065 (EU Digital Services Act or EU DSA). Notably, Amazon does not call into question the correctness of the figure of 45 million monthly active users within the EU to qualify as a VLOP. The meeting of this threshold is out of dispute. Rather, Amazon takes the position that Article 33(1) DSA is unlawful in so far as that provision makes certain marketplaces subject to the obligations laid down in Articles 34 to 43 DSA. In particular, Amazon puts forward an infringement of the freedom to conduct its business, its right to property, the principle of equal treatment, the freedom of expression and of information and the protection of confidential information. All these rights are enshrined in the Charter of Fundamental Rights of the European Union (the Charter). The General Court considered all these rights on an individual basis, confirmed for most of them an interference, but at the same time emphasized that none of these rights is of absolute character. The court therefore engaged in analysing whether the specific interference could be justified. Ultimately, the judges reached the conclusion that in the case of Amazon the obligations imposed by the EU DSA are within proportion and therefore justifiable. Written by Dr Nils Rauer MJI, partner, Global Co-Lead Artificial Intelligence & head of German Intellectual Property at Pinsent Masons.

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