Protecting Undisclosed Enterprise Data as Trade Secrets in the United States and China

This dissertation examines the legal protection of undisclosed enterprise data, focusing on trade secrets law. The study thoroughly investigates international harmonization efforts and, building on this foundation, focuses on a comparative analysis of the different approaches taken by the United States and China toward trade secret legal protection. As businesses increasingly rely on proprietary information, such as algorithms and big data generated by modern technologies, the study investigates how legal frameworks have evolved and shall continue evolving to balance private interests in valuable enterprise data with public policy concerns to promote innovation and information flow.\nThe objectives of this study are threefold: tracing the development of international trade secret law, conducting a comparative analysis of U.S. and Chinese trade secret legal protection systems, and addressing specific challenges related to protecting modern enterprise data. A key focus is how both countries are adapting their legal frameworks to protect not just traditional types of enterprise data, but also newer forms generated by advanced technologies. The study’s conclusions call for refined legal interpretations and proactive legislative measures to ensure the legal protection of trade secrets remains effective in the rapidly evolving global digital economy.