Automated Decision-Making, Data Protection and Trade Secrets: A comment on the CK v. Dun & Bradstreet Austria GmbH and Magistrat der Stadt Wien

This case law review by Mohammad Ataul Karim, LL.M, examines the case CK v. Dun & Bradstreet Austria GmbH, highlighting the tension between the GDPR’s right to explanation in automated decision-making and trade secret protection. It discusses how courts may balance transparency for data subjects with the confidentiality of proprietary algorithms.​​​​​​​

Download

Introduction

The right to explanation in automated decision-making (ADM) is becoming increasingly crucial due to the wide range of applications of artificial intelligence (AI) systems and personal data processing. On the one hand, the new business model and market efficiency encourage the application of AI-powered ADM systems. On the other hand, the process and outcomes of the ADM pose many legal and ethical concerns, including a lack of explainability and transparency. ADM’s implications may cover many legal issues ranging from data protection to fundamental rights and intellectual property rights. The legal regimes may not necessarily always be cohesive. The CK v. Dun & Bradstreet Austria GmbH and Magistrat der Stadt Wien[1] addresses one such issue where the right to access personal data to understand the ‘meaningful information about the logic involved’ in ADM and its potential conflict with trade secret protection is at stake. This short paper briefly outlines and comments on this case. 


[1] Judgment of the Court (First Chamber) of 27 February 2025, Case C-203/22, ECLI identifier: ECLI:EU:C:2025:117 (hereinafter as the CK Case)

Download to continue reading