License types (proprietary, open source, SaaS), Directive 2016/943 on trade secrets, NDA and know-how protection.
Choosing a software license is a fundamental legal and strategic decision. The main models are:
The user receives a limited right of use. Source code is not shared. The End User License Agreement (EULA) typically restricts the number of devices, users, and prohibits reverse engineering.
Source code is accessible. Two families exist:
Permissive (MIT, BSD, Apache 2.0): Allow using, modifying and distributing code even in proprietary software. The main obligation is maintaining attribution to the original author.
Copyleft (GPL, AGPL, LGPL): Require derivative works to be distributed under the same license. The GPL is a legally binding license; non-compliance can lead to copyright infringement lawsuits.
Software is not distributed but provided as a cloud service. Legal implications include Directive 2019/770 on digital content (conformity guarantee, updates, data portability), GDPR compliance (the SaaS provider typically acts as data processor), and key contract clauses (SLA, uptime, backups, jurisdiction).
EU Directive 2016/943 on trade secrets was transposed in Spain through Law 1/2019 on Business Secrets. For information to qualify as a trade secret, it must be: (1) secret (not generally known), (2) commercially valuable because of its secrecy, and (3) subject to reasonable protection measures.
Unlawful acquisition includes unauthorized access to documents, unauthorized copying, and any conduct contrary to fair commercial practices.
Cessation of use or disclosure, prohibition of manufacturing infringing products, damages, and interim measures (including seizure of products).
The NDA is the basic contractual tool for protecting sensitive information. Essential elements: precise definition of confidential information, non-disclosure and non-use obligations, duration (typically 2-5 years after termination), exceptions (public domain, prior knowledge, independent legitimate sources), and penalty clauses for breach.
Trade secrets have unlimited duration (as long as secrecy is maintained), require no registration, but only protect against unlawful acquisition. Patents last 20 years, require OEPM/EPO filing, but protect against any unauthorized use even after publication. The choice depends on whether the information is detectable through reverse engineering (patent) or not (trade secret).
Video coming soon
For now you can read the written content below
Which condition is NOT required for information to qualify as a trade secret?
What does the GPL license require regarding derivative works?
What is the typical duration of confidentiality obligations in an NDA?
A SaaS provider processes personal data of your company's clients. What role do they have under the GDPR?
What is the main advantage of a trade secret over a patent?
Have your own legal questions?
The Individual Plan gives you 50 queries/month with answers verified against official legal sources.