Rights of access to corporate documentations and the trade secrets defence

  • Panel
  • Café
  • Thursday 21.05 — 11:50 - 13:05

Organising Institution

Institute for Information Law (IViR)

Netherlands

  • Academic 2
  • Business 2
  • Policy 2
The EU digital rulebook strikes a balance between transparency for affected users and actors’ claims of confidentiality. The most prominent ex post transparency mechanism is the data subject access right to personal data under the General Data Protection Regulation. Yet, such access rights can be restricted in order to protect the rights and freedoms of others, including trade secrets. While jurisprudence about the balancing between conflicting positions of rights is consistent about the right to access corporate documentation such as log files in practice this often leads to a protracted legal battle. This panel will revisit experiences with trade secret claims by providers of digital technologies, the responsibilities of regulators and the impact of the digital omnibus on transparency rights.

Questions to be answered

  1. What qualifies as a trade secret and as confidential business information?
  2. How do trade secret claims affect transparency rights?
  3. What balance has the law struck between transparency rights and trade secret claims?
  4. What is the role of regulators, and what is the impact of the Digital Omnibus on transparency rights?

Moderator

Vilma Margarit Nikolaeva

Institute for Information Law (IViR) - Netherlands

Vilma is a PhD researcher at the Institute for Information Law (IViR) at the University of Amsterdam. Her research centres on access to data and information as a foundation for building accountable technologies, examining how transparency and access rights interact with the governance of digital systems. Alongside this, she engages with questions of privacy and data protection, and the role of AI in generating and facilitating gender-based violence.

Speaker

Danny Mekić

University of Leiden - Netherlands

Danny Mekić is a PhD candidate at Leiden University's eLaw – Centre for Law and Digital Technologies, under joint supervision of Eindhoven University of Technology. His research focuses on human dignity, privacy, and digital technologies. Mekić successfully sued X (formerly Twitter) over shadow banning, resulting in landmark rulings on platform transparency obligations. He received the 2025 Felipe Rodriquez Award from Bits of Freedom for this work. Beyond academia, Mekić is a technology expert and boardroom advisor who has counselled Fortune 500 organisations and governments on digital transformation, data protection, and innovation.

Speaker

Ljubiša Metikoš

Institute for Information Law (IViR) - Netherlands

Ljubiša Metikoš is an academic researcher affiliated with the Research Priority Area Human(e)AI and the Institute for Information Law at the University of Amsterdam. His main research interests lie in the usage, regulation, and ethical impact of AI in public decision-making. He engages in legal and philosophical research on topics related to transparency, human oversight and procedural justice.

Speaker

Lisa Steinfeld

NOYB – European Center for Digital Rights - Austria

Lisa Steinfeld Leiser is a data protection lawyer at noyb - European Center for Digital Rights. The non-profit organization undertakes strategic enforcement actions in the field of privacy and data protection rights across Europe and recently closely follows the developments of the Digital Omnibus. In her current role, Lisa leads litigation projects and contributes to noyb's input on the digital omnibus.

Speaker

Michaela Gehring

European Ombudsman - Belgium

Michaela is an Inquiries Officer in the Directorate of Inquiries of the European Ombudsman and the Coordinator of the Public Access Team. She has joined the Office in 2017, and her focus is on transparency-related issues, including public access to documents. She has previously worked as a lawyer in private practice and has experience in civil society work related to human rights. She holds an LLM in International Law.