Bernardo Borges de Almeida signed the insight ‘ Trade Secrets and Artificial Intelligence - A Difficult Relationship’, published by WhatNext.Law.

In this insight, the VdA lawyer addresses the challenges that the use of Artificial Intelligence (AI) presents for the protection of trade secrets.

Using the example of Samsung, which banned its employees from using ChatGPT due to security and confidentiality risks, Bernardo Borges Almeida discusses how companies can use AI without jeopardising confidentiality.

According to the Industrial Property Code, to be considered a trade secret, the information must be secret, have commercial value because it is secret and be the subject of reasonable endeavours to keep it confidential. Careless use of ChatGPT can expose these secrets to risks of hacking and leaks, as well as losing the legal protection provided. To avoid this, measures such as employee training, good practice guides and the use of closed AI systems are recommended.

• This insight is available here.