secretos_empresariales_proteccion de datos

Trade secrets and data protection – Part 1

by BlogData protection

A company’s data is one of its most valuable assets. And information is power. Today we are going to discuss trade secrets and the Law on Trade Secrets, shedding some light on the topic and addressing the protection of data they generate.

Defining trade secrets

Trade secrets are confidential information with economic value for a company and they can be used to gain competitive advantage in the market.

The definition given by the Law on Trade Secrets (LSE) is very broad, whereby a trade secret is considered to be any information or knowledge, including technological, scientific, industrial, commercial, organisational or financial knowledge. It can include designs, formulas, processes, business strategies, customer lists and much more.

To be protected as a trade secret, the knowledge or information must be secret, meaning that it is only known by a limited number of people and it cannot be deduced by industry experts through observation or reverse engineering.

Law that protects secrets

The Law on Trade Secrets aims to protect and guarantee the confidentiality of business information that has economic value and is kept secret by the company. This law states that trade secret is considered to be all information that:

1. Has business and economic value.
2. Is not in the public domain.
3. Has been established only for employees or owners of the company, having sufficient protection measures.

The LSE will only apply when it can be proven that the company has adopted specific measures to reinforce the security of the information or knowledge to be protected. In particular, the protection of companies must be based on the following pillars:

– Identification of information or knowledge considered to be sensitive.
– Adoption of security measures that guarantee security.
– Preventive legal measures such as the signing of confidentiality agreements.
– Reactive measures such as the implementation of action protocols when a violation of security measures is detected.

The Law on Trade Secrets states that the unauthorised disclosure, collection and use of information related to trade secrets will be considered a crime.

In the event of trade secret violation, the company affected may sue the offender and seek an injunction, as well as compensation for damages incurred. Ultimately, the purpose of this law is to protect companies against the violation of their confidential information and ensure the right to maintain trade secret confidentiality.

This is the end of the first part; in future posts we will discuss trade secret violations from a practical perspective.

obligaciones_legales_youtuber

Legal obligations if you are a YouTuber

by BlogLegal

Are you a YouTuber? Does your life revolve around the creation of audiovisual content that generates you advertising income? Whether you are in the top ten or not, there are certain legal obligations that you must comply with. Today we are going to tell you the most important ones that you should keep in mind. Let’s start!

The 5 most important legal obligations for a YouTuber

Youtuber Identification

Comply with the requirements of Law 34/2022 on Information Society Services. What exactly do these requirements entail? It’s very simple, you have to identify yourself by providing data that enables direct communication. Your name, company name, domicile, email address or tax ID code (CIF), in the event you work through a company, are the essential data that must be submitted. It is very important that you provide this data publicly on the same platform or on an external website.

Promotion and advertising

Respect the rules on Advertising, complying with the General Law on Advertising and the General Law on Audiovisual Communication.

Although platforms such as Google and YouTube automatically insert advertising into the videos you publish, you as a broadcaster can transmit campaigns recommending certain brands with which you collaborate. In this case, you are required to warn users that it is paid advertising.

Moreover, in this situation you must comply with some basic rules of advertising regulations. Advertising cannot be misleading, based on the criteria of truthfulness. It also may not be illegal or subliminal, and cannot infringe on the rights of minors or people with cognitive disabilities, or any user in general.

You should also bear in mind that broadcasting content that promotes hatred, contempt or discrimination on grounds of birth, race, sex, religion, nationality, belief or any other personal or social circumstance is prohibited.

Youtuber Intellectual Property

If you use third-party content without the permission of its respective authors, be mindful of the consequences. You can use lengthy excerpts or even entire works of others, but always with the consent of its author, except in the case of parodies.

Privacy policy

If you use the data of subscribers to your channel, you must comply with the Organic Law on Protection of Personal Data and Google’s internal regulations on the use of personal data.

Furthermore, if you send out emails, interact on social media or carry out other direct communication actions with users, you must comply with the legal requirements concerning identification, cookies management, privacy policy, compliance with personal data protection regulations, among others.

Administrative and tax obligations

Like any company or self-employed individual who carries out an activity, you must comply with the administrative and tax requirements. You must be registered with Social Security, as well as with the Tax Agency with the Economic Activities Tax (IAE) corresponding to your activity, and you must make the relevant quarterly and annual settlements in terms of VAT and personal income tax.

Do you fulfil all these obligations? If so, you can rest easy. However, if you think that you are failing to comply with one of them due to a lack of awareness or being poorly advised, Bacaria Legal can help. Contact us.