Controversies over the legal nature of the

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Thus, it would not be an exaggeration to state that the protection of company secrets is part of a context of concerns about competition on merit, which is why it is lawful to guarantee economic agents the exclusive right to benefit from an asset that they created, just as it is unlawful to allow other economic agents to have access to or take undue advantage of this asset.

When analyzing the issue from a more macro competitive bulk sms usa perspective, the protection of trade secrets is also justified by the purpose of stimulating rivalry, since broad knowledge by competitors of a rival's assets that are now protected by secrecy could restrict the competitive process, in addition to inducing collusive behavior, among other unlawful competition. Thus, there would also be reasons of public interest to justify the protection of trade secrets.

However, the legal framework for protecting business secrets was built in a scenario prior to the so-called data or surveillance capitalism. Today, several of the foundations that justify the protection of business secrets are compromised, not least because the raw material of the assets normally protected by secrecy are personal data which, despite having an economic dimension, are assets of the data subjects and not of the processing agents.