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La divulgation de l'information protégée et les libertés économiques

Abstract : Possession and exploitation of information are essential to the development of the contemporary economy, making the identification as well as the protection of information permanent stakes for economic operators. But information is not always given the same value. Only those which are granted direct or indirect protection, and which give a competitive advantage are subject to close scrutiny by companies and competition authorities. In this context, economic freedoms, circumscribed by contractual freedom, freedom of enterprise and free competition, may in turn be considered as guide, a support or a limit to the disclosure of protected information. Justifying the lack of disclosure of some protected information, economic freedoms ensure the respect of trade secrets. Conversely, they may force the disclosure of protected information, and dictate the terms of this disclosure. Following a pendulum movement, the conditions for disclosure of protected information, in informal exchanges, in the framework of standardization operations, or in view of free provision, influence economic freedoms which in turn are constrained, reinforced or renewed by this operation. Following these constant interactions that draw on an evolving framework, it appears important to question the real autonomy of the economic actor’s will in the management of their protected information.
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Submitted on : Friday, February 1, 2019 - 4:30:29 PM
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  • HAL Id : tel-02004294, version 1



Jeanne Richard. La divulgation de l'information protégée et les libertés économiques. Droit. Université Paris-Saclay, 2018. Français. ⟨NNT : 2018SACLV073⟩. ⟨tel-02004294⟩



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