Abstract
Corporate (entrepreneur) secrecy, according to the statutory definition, is a collection of
technical, technological, organizational or other information having economic value, which
as a whole or in a particular combination and set of its elements, is not generally known to
persons normally dealing with this type of information, or is not readily available to such
persons, provided that the person entitled to use or dispose of the information has taken (with
due diligence) measures to maintain its confidentiality.
The article is an analysis of the law, as well as the rulings of the administrative courts and the
National Appeals Chamber on business (entrepreneur) secrecy, the definition of the concept,
principles and other relevant information. In essence, the Article is an attempt to answer the
question of how a construction contractor executing a public procurement contract should act
in order to keep secret information of the highest value to it, which ensures its competitive
balance.
The Article concludes that the reservation of business (entrepreneur) secrets is not done
“automatically” and requires in each case certain actions (formal and material) to be taken by
the entity with an interest in protecting certain information (the construction contractor), and,
in addition, the execution of a proportionality test of values (goods) by the public authority
(the investor).