Komercinių paslapčių apsaugos ypatumai viešųjų pirkimų santykiuose
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Lithuanian litigation practice shows that the issue of protecting trade secrets often arises in the context of public procurement relations. The latter are subject to specific regulation and the application of specific principles, including the principles of publicity (transparency) and effectiveness of the judicial protection of (other) suppliers’ interests. In these relationships, there is a constant tension of ensuring that the balance of interests of all entities, i.e., the suppliers, the information holder (provider) and information recipient, as well as the contracting authority, is achieved in order to protect their commercially sensitive information. This raises the question of whether the protection of trade secrets in the public procurement process has its own peculiarities and, if it does, what those peculiarities are. Also, given the fact that the concept of a trade secret is determined not by isolated provisions of the Law on the Public Procurement of the Republic of Lithuania, but by application of other laws, it is important to assess the impact that the recent changes in the regulation of trade secrets will have on the existing case law in public procurement cases. In order to answer these questions, this article deals with the legal regulation of the obligation to protect confidential information in the public procurement procedures and the peculiarities of the application of trade secrets in these relations.
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