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Research On Enterprise Commercial Secret Protection In Big Data And Cloud Environment

Posted on:2015-07-14Degree:MasterType:Thesis
Country:ChinaCandidate:N LvFull Text:PDF
GTID:2296330434957221Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The enterprise economic efficiency greatly increased and the importance of datagradually highlights at the same time, in the big data and cloud environment. For theenterprise, the data has gradually replaced the traditional factors of production in thedominant position in its survival and development. Especially as commercial secrets of theenterprise innovative intangible assets and competitive business information has alreadybecome the core competitiveness of enterprises. It’s safe or not about the survival of theenterprise. The rapid development of big data and cloud computing technology make theenterprise business secret protection is faced with more complicated situation, and hasbrought new challenges to the protection of enterprise’s commercial secret.In big data and cloud environment, the enterprise business secrets leaked riskunprecedented increase which is faced with many challenges. First, big data and cloudcomputing technology has a huge impact on the qualitative of commercial secrets itself.Big data technology make Some of the data which are not covered by the scope ofbusiness secret originally also has the value of the business secret. Cloud computingtechnology has not changed the secrecy of business secret,but make business secretsconfidential management more difficult. Second, the cloud service contract have someflaws and risks. The format terms which are signed by the providers and user enterpriseslead to loss difficult to make up for once commercial secrets leakage. And in front of thegovernment have the right, cloud service providers promise of confidentiality for the usershave become a dead letter. Again, the legislation of business secret protection is notperfect under cloud environment. The protection scope of commercial secret is too narrow,the infringement, rules of distribution of evidential burden of commercial secret is notperfect, the law system of business secret protection is not unified, and data delete rightsand lack of institutional guarantee under the current legal framework. Finally, just rely onthe self-consciousness of cloud service providers and government carry outself-management and not a neutral third party to constraint system is obviously notreliable in a cloud environment.For the challenge for the protection of business secrets in big data and cloudcomputing environment, use for reference the experience of outside, especially in theEuropean Union, the United States, and in combination with the real needs of thedevelopment of our country’s current economic security, suggested that the following measures are taken to protect our country enterprise business secrets: First, formulationand implementation the uniform trade secrets act. Expand the scope of business secretprotection in the legislation, perfecting the infringement and the burden of proof allocationrules. Second, improve the data security legislation. As a kind of data business secrets inbig data and cloud environment mast be safe first. Third, build a data delete rightsprotection system. Big data era, to ensure data security, the necessity of building datadelete rights through legislation is increasingly highlighted. Fourth, establish and improvethe government supervision mechanism-cloud computing assessment and monitoringcenter the supervision mechanism of government supervision. The government to monitorcloud services need to entrust a neutral third party auditor of various technique indexes ofcloud services, audit program specification, and then through specialized offices toimplement administrative power regulation.
Keywords/Search Tags:Big data, cloud computing, enterprises, commercial secrets
PDF Full Text Request
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