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An interesting reference to intellectual property and trade secret rights can be found in the draft Commission Delegated Regulation (EU) .../... supplementing Directive 2013/34/EU. &nbsp;.7 Classified and sensitive information, and information on intellectual property, know-how or results of innovation &nbsp;105. The undertaking is not required to disclose classified information or sensitive information, even if such information is considered material.&nbsp;106. When disclosing information about its strategy, plans and actions, where a specific piece of information corresponding to intellectual property, know-how or the results of innovation is relevant to meet the objective of a Disclosure Requirement, the undertaking may nevertheless omit that specific piece of information if it: (a) is secret in the sense that it is not, as a body or in the precise configuration and assembly of its components, generally known among or readily accessible to persons within the circles that normally deal with the kind of information in question; (b) has commercial value because it is secret; and (c) has been subject to reasonable steps by the undertaking to keep it secret.&nbsp;107. If the undertaking omits classified information or sensitive information, or a specific piece of information corresponding to intellectual property, know-how or the results of innovation because it meets the criteria established in the previous paragraph, it shall comply with the disclosure requirement in question by disclosing all other required information.&nbsp;108. The undertaking shall make every reasonable effort to ensure that beyond the omission of the classified information or sensitive information, or of the specific piece of information corresponding to intellectual property, know-how or the results of innovation, the overall relevance of the disclosure in question is not impaired.&nbsp;Brussels, 31.7.2023&nbsp; C(2023) 5303 final ANNEX 1&nbsp; ANNEX&nbsp; to the&nbsp; Commission Delegated Regulation (EU) .../... supplementing Directive 2013/34/EU of the European Parliament and of the Council as regards sustainability reporting standards &nbsp;🔑 Practical Takeaways:
1️⃣ Companies must have a trade secret policy. It's challenging to prove the criteria of a trade secret under the Trade Secrets Directive.
2️⃣ The term "sensitive" information isn't defined, raising questions about its interpretation. This needs to be fixed before going live with the regulation.&nbsp;3️⃣ Significant consequences await companies that don't correctly mark trade secret information, potentially leading to loss of protection under trade secret laws.&nbsp;Stay informed and ensure your company's compliance! 💼#TradeSecrets #IntellectualProperty #EURegulations #Compliance #BusinessStrategy #SustainabilityReporting #Directive201334EU

ESG Reporting may impact your IP and trade secret policies

A quick reminder for the #AdTech and #MarTech community. Case C-604/22 at the European Court of Justice is moving forward. Today at 9:30 the EU's top court will hear the parties. A judgment in this case, expected in 2024, will undoubtedly set the stage for personalized advertising in the EU. To recap the questions posed by the referring court in Brussels:a) Must Article&nbsp;4(1) of Regulation (EU) 2016/679&nbsp;<a href="https://curia.europa.eu/juris/document/document.jsf?text=&amp;docid=268704&amp;pageIndex=0&amp;doclang=en&amp;mode=req&amp;dir=&amp;occ=first&amp;part=1&amp;cid=136297#1" data-mce-href="https://curia.europa.eu/juris/document/document.jsf?text=&amp;docid=268704&amp;pageIndex=0&amp;doclang=en&amp;mode=req&amp;dir=&amp;occ=first&amp;part=1&amp;cid=136297#1">1</a>&nbsp;of the European Parliament and of the Council of 27&nbsp;April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC, read in combination with Articles&nbsp;7 and 8 of the Charter of Fundamental Rights of the European Union, be interpreted as meaning that a character string that captures the preferences of an Internet user in connection with the processing of his or her personal data in a structured and machine-readable manner constitutes personal data within the meaning of the said provision in respect of (1) a sectoral organisation which makes available to its members a standard whereby it prescribes to them how that string should be generated, stored and/or distributed practically and technically, and (2) the parties that have implemented that standard on their websites or in their apps and thus have access to that string?(b)&nbsp;&nbsp;&nbsp;&nbsp;Does it make a difference in that regard if the implementation of the standard means that this string is available together with an IP address?(c)&nbsp;&nbsp;&nbsp;&nbsp;Does the answer to questions 1(a) and 1(b) lead to a different conclusion if this standard-setting sectoral organisation does not itself have legal access to the personal data that are processed within this standard by its members?(a) Must Articles&nbsp;4(7) and 24(1) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27&nbsp;April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC, read in combination with Articles&nbsp;7 and 8 of the Charter of Fundamental Rights of the European Union, be interpreted as meaning that a standard-setting sectoral organisation must be classified as a controller if it offers its members a standard for managing consent which contains, in addition to a binding technical framework, rules setting out in detail how those consent data&nbsp;– which constitute personal data&nbsp;– must be stored and disseminated?(b)&nbsp;&nbsp;&nbsp;&nbsp;Does the answer to question 2(a) lead to a different conclusion if this sectoral organisation itself does not itself have legal access to the personal data that are processed within this standard by its members?(c)&nbsp;&nbsp;&nbsp;&nbsp;If the standard-setting sectoral organisation must be designated as a controller or a joint controller for the processing of Internet users’ preferences, does that (joint) responsibility of the standard-setting sectoral organisation therefore automatically extend to the subsequent processing by third parties for which the Internet users’ preferences were obtained, such as targeted online advertising by publishers and vendors?

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ESG Reporting may impact your IP and trade secret policies

The ECJ will decide on the TCF (soon)