AI Summit_Sept. 13 2024

Article 78 Confidentiality

1. The Commission, market surveillance authorities and notified bodies and any other natural or legal person involved in the application of this Regulation shall , in accordance with Union and national law, respect the confidentiality of information and data obtained in carrying out their tasks and activities in such a manner as to protect, in particular : (a) the intellectual property rights and confidential business information or trade secrets of a natural or legal person, including source code, except in the cases referred to in

Article 5 of Directive (EU) 2016/943 of the European Parliament and of the Council 60 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure ;

60 Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure (OJ L 157, 15.6.2016, p. 1).

AI Roundtable Page 554