The Commercial Secret Protection Problems And Countermeasures Under The Cloud Environment

The emergence of cloud computing has brought severe challenges to the traditionalnetwork environment of individual privacy and business secret protection. Currently, theoristsare mainly researching on cloud computing information security and privacy, and the lack ofprotection in business secrets. Changes in technology has brought in expansion of commercialsecrets, but traditional commercial secrets protection is also suitable. At the same time, therefollows a few new features under the cloud computing environment of the commercial secrets.One is the uncertainty of commercial secret security, another is the commercial secret dynamicchange objectively, and the complexity of the business secrets protection.What the business secret protection faced system dilemma by the cloud environment ismainly reflected in: trade secret infringement cases within the jurisdiction are complex anddifficult to prove with an example. The Promulgation and implementation of “Patriot Act" hasgreatly expanded the American judicial jurisdiction. China’s enterprises use the cloudservices for commercial secret provided by USA Inc hidden safety risk. At this stage,connection between enterprises with cloud service providers is through electronic contractrights and obligations of the parties to agree, through empirical research on the domestic maincloud service providers of electronic contract, focuses on the analysis of the exemption clause,jurisdiction clause, as well as the responsibility of effects of commercial secret protectionclause, found the practice of cloud service contract exists a lot unreasonable terms, and it has atremendous impact on the protection of commercial secrets of enterprises.In view of the above problems, we need to improve the business secret legislation, andplay the leading role of the government to establish a cloud service provider in the filingsystem, regulate the third party authentication mechanism. In order to improve the cloudenvironment of the commercial secrets protection system, we can draw lessons from therelevant legal system, combined with China’s actual conditions, take self-discipline andgovernment regulation combined road. At the same time, we should clarify the rights andobligations of the parties in electronic contract, reasonable application the exemption clauses,set terms of accountability. Trade secret protection under the cloud environment is a globalproblem, it is necessary to strengthen international cooperation, signed the InternationalConvention on the protection of commercial secret.