DOMINICAN REPUBLIC Law and Practice Contributed by: Sarah de León Perelló, Elizabeth Silfa Micheli and Naomi Rodríguez Manzueta, Headrick Rizik Álvarez & Fernández
Databases In the Dominican Republic, databases are also recognised as literary works. The protection extends to the bases or compila - tions of data or other materials that are legible by machine or in any other way that, further to the selection or provision of its contents, constitute creations of an intellectual nature. However, the protection does not extend to the compiled data Trade secrets are regulated by Law No 20-00 on Industrial Property. They are identified as busi - ness secrets and defined as any undisclosed commercial information that a natural or legal person possesses that can be used in any pro - ductive, industrial or commercial activity, and that is likely to be transmitted to a third party. According to the law, a business secret shall be recognised as such for purposes of its protec - tion when the information which constitutes it: • is not generally known or easily accessible by persons who are in the circles that normally manage the respective information; and • has been subject to reasonable measures taken by its legitimate owner to keep it secret. Law No 20-00 establishes that actions consid - ered unfair competition with respect to a busi - ness secret are: • exploiting it without the authorisation of the legitimate owner; and • a business secret to which access has been obtained subject to a confidentiality obliga - tion, resulting from a contractual or employ - ment relationship. or information. Trade Secrets
It is important to take into account that the law does not establish specific sanctions for the violation of rights over business secrets, there - fore, it is presumed that any remedy falls on the civil liability regime for violating the provisions of the aforementioned law or for breach of con - tract in the event of a confidentiality agreement or contractual relationship between the owner of the secret and the person who exercises the infringement. The Dominican Republic’s Constitution recog - nises the fundamental nature of an individual’s right to honour, respect and non-interference in one’s private life. It also enshrines the fundamen - tal principles that govern the treatment of per - sonal data, notably, the principles of reliability, legality, integrity, security and purpose. Law No 172-13 on the Protection of Personal Data is the general law for the protection and processing of personal data. This Law: 8. Data Protection 8.1 Applicable Regulations • governs the collection, storage, safekeep - ing, use and access rights to personal data recorded in files, databases and registries for the issuance of public or private reports; and • regulates the incorporation and operation of Dominican credit bureaus. Monetary and Financial Law No 183-02 imposes on banks and other regulated financial institu - tions: • secrecy requirements; • a legal obligation to maintain confidentiality regarding deposits received from the public and to refrain from revealing information in
223 CHAMBERS.COM
Powered by FlippingBook