Abstract

The article discusses selected issues concerning business confidentiality within the meaning of Art. 11.4 of the Unfair Competition Act of 16 April 1993. Protection confidential business information is of paramount importance. The introduction of regulations restricting access to confidential information constituting business know-how and statutory sanctions for violating business confidentiality is to ensure effective protection against acts of unfair competition. The purpose of those regulations is to protected entrepreneurs, especially those who invest millions in modern and innovative technical, technological and economic solutions. For such companies protection of their confidential business information is fundamental.

The article discusses the notion of business confidentiality and the legal basis for the duty of confidentiality, the substantive and objective scope of the definition. The article also analyzes entrepreneur’s rights to dispose of the protected object. Further on, the article describes the instruments used to protect confidential information and sanctions for its unauthorized disclosure. A significant part of the article is dedicated to the regulation of business confidentiality in public procurement, with reference to the judgments of the National Board of Appeal.