Research Of Trade Secrets Protection In Big Data Era

In Big Data era, network environment around people becomes more complex,trade secrets in the form of data also becomes more exposed. It puts forward higher requirements of system of legal protection of trade secrets. The protection of trade secret is faced with the following problems in current: it is harder to recognize the component elements and object scope of trade secrets, such as the secrecy,administration, expanded object scope; there is no regulation of data exchange and utilization to protect trade secret, such as lack of Data Protection Act, conflict of the transparency principle of data analysis and secrecy principle of trade secrets, threat from cross-border data storage; the abuse of standard terms in cloud service contract makes it easier for the trade secrets leakage risk; the abuse of government authority have negative impact on trade secrets protection.Legislation of trade secrets protection in most countries specifies following aspects: definition, the elements of constitution, identification of the infringement,burden of proof and so on. Data protection legislation specifies data storage location and the principle of dealing with data, and gives the consumer many rights to protect their data. Trade secrets protection law and data protection act &policy in US and EU are remarkable, legislation of data protection in EU pays more attention to the protection of human rights, while US pays more attention to the protection of public interests.European and American countries for mature theory and research of data legislation provides reference for protection of business secrets data, and provides advice for our country to build the protection of trade secrets data. We can establish specialized data legislation to protect data including personal privacy and trade secrets,in the way of regulating the collection, process, use of the data, giving holder of trade secrets concrete right and data administrator concrete duty to implement the data protection rules, and to fully protect the interests of the holder of the data. The government plays a role irreplaceable in the development of large data regulatory, but at the same time we should develop diversified regulatory body, such as the customer,they can find problems in the deal faster and earlier. The government should balance the relationship between the holder of the data and the public interests during regulation and monitoring, besides, developing global unified regulation is veryimportant for the development of large data industry. As the important main body of protection of trade secrets, in addition to relying on the protection of the legislation and policy, holder of trade secrets should also make trade secrets protection strategies on its own to cope with various threats posed by Big Data.