I am not denying that some of the data processing

[mahbubamim077]

Given all these points, it can be seen that the first challenge of data-driven capitalism is precisely knowing whether the main assets generated by agents are actually their exclusive property and/or can be protected by company secrecy, especially when they have a direct impact on the legal sphere of data subjects.

An interesting example of this discussion is the case of bulk sms services in ghana databases, which, according to Directive 96/9/EC of the European Parliament and of the Council [10] , are not considered to be business secrets, but rather sui generis rights . This is an interesting example, which makes us think about what other situations would need to be addressed by other legal solutions that can better reconcile the interests of data processing agents with those of data subjects.

On the other hand, even if one wants to continue working with the trade secret category, one will at least have to think about the scope of protection when the fundamental data protection rights of the holders and valuable constitutional guarantees, such as the adversarial system and due process, are at stake.