| As a powerful weapon for enterprise technological innovation and business development,trade secrets are the core strength of enterprises in market competition.With the development of cloud computing technology,the storage of business secrets by enterprises has also changed from traditional paper collection to cloud transmission.Due to the current development of cloud computing technology in China is not mature enough,new features and infringement of trade secrets in the cloud computing environment continue to emerge,resulting in the legal protection of trade secrets is facing new problems and challenges.This paper discusses the legal protection from the perspective of business secret security in cloud computing environment,and explores the solution path.In this context,in contrast to the legislative status of trade secrets at home and abroad,the European Union,the United States,the United Kingdom,Germany and Japan have introduced relevant laws and regulations.However,the legal protection of trade secrets in China is mostly scattered and fragmented.It has become a trend to formulate a special ’ trade secret protection law’.This paper defines the legal attribute of trade secrets as intellectual property rights,which can provide basic theory and framework support for China to formulate trade secret protection legislation.In this regard,on the determination of the rationality of trade secrets,it is suggested to adopt dynamic management standards to provide legal reference for the confirmation of trade secrets.Regarding the infringement judgment of trade secrets,it is recommended to increase the type of infringement in which the actor refuses to delete trade secrets within the existing legal framework in China to regulate new infringements in the cloud computing environment.In addition,with regard to the determination of the legal liability of cloud service providers,it is recommended to improve the contract terms,reasonable use of exemptions and liability clauses,and use the ’ notice-delete ’ rule to reduce the pressure on enterprises to protect their rights.Regarding the resolution of the conflict between trade secrets and public interests,it is recommended to introduce a public interest defense system to maintain the balance between private interests and public interests. |
