Protección de secretos empresariales en fusiones y adquisiciones : vacíos legales y propuestas de reforma.

Abstract

Within the framework of the global economy, mergers and acquisitions (M&A) have become essential operations for the development of companies. However, these procedures require the exchange of strategic information, including business secrets that, in Ecuador, do not have specific and effective regulations to ensure their safeguarding. The objective of the study was to analyze the existing legal deficiencies in the Ecuadorian legislative system in relation to the protection of trade secrets during the M&A process to cause legal changes to ensure their protection. The research adopted a legal and analytical approach, comparing information from the business environment and evidencing the absence of specific rules that regulate confidentiality contracts or sanction the unauthorized disclosure of strategic information, due to the fact that the legislation lacks specific criminal classification and effective protection mechanisms, so a legal reform that incorporates mandatory confidentiality clauses is proposed. Define the legal concept of trade secrets and establish guidelines for their safekeeping. This reform will help strengthen legal certainty, promote clarity in M&A procedures and save intangible assets vital to the company's competitiveness.