EU Trade Secrets Law and Algorithmic Transparency

Abstract

To date, more and more decisions are supported or even directly assumed by algorithms. As a result, we need to understand how to prevent and govern those algorithmic choices that may prove to be wrong, unfair, or discriminatory. Algorithmic transparency, that is, the possibility to investigate the sequence of commands of which algorithms are made, could represent a solution, although partial, to this problem. However, algorithms can be protected as trade secrets within the meaning of the new European Directive 2016/943. Therefore, the paper discusses if and how much the rules foreseen in such Directive offer room to hypotheses of algorithmic transparency.