Electronic Commerce Law, Trade Secrets Chapter
Electronic Commerce Law (2003), Arts. 64-65 (trade secrets) and Art. 75 (penalty)
In force.
An unfair competition rule binding public and private bodies.
- Audit expectation
- none
What it requires
- Do not illegally acquire, or disclose to a third party, a trade or economic secret in an electronic environment.
- Information, software, methods, plans, financial information or a customer list that has economic value, is inaccessible to the public, and has been reasonably protected qualifies as a protected electronic trade secret.
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST AI RMF
- MAP 4.1Approaches for mapping AI technology and legal risks of its components – including the use of third-party data or software – are in place, followed, and documented, as are risks of infringement of a third party’s intellectual property or other rights.
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
If you get it wrong
Criminal exposureYes
Criminal exposure note
Illegally acquiring or disclosing an electronic trade secret is corrective imprisonment of six months to two and a half years or a fine of up to 50,000,000 Rials (Art. 75).
Penalty structure
Fine only; Article 75 also allows corrective imprisonment of six months to two and a half years instead of the fine.
- Rule
- Fixed only
- As of
- Currency
- IRR
- Fixed cap
- 50,000,000
What it makes you log
Logging duty
Articles 64 and 65 make illegal acquisition or disclosure of trade secrets in an electronic environment an offence and define an electronic trade secret, and article 75 sets the penalty. They impose no duty to create, keep, produce or review a log or record, and state no territorial clause. The Law's separate provisions on retaining data messages are other articles, not cited by this row.
- Kind
- None
- As of
What this law does
Article 64 makes the illegal acquisition of a trade or economic secret, or its disclosure to a third party in an electronic environment, an offence, stated as protecting legitimate and fair competition in electronic transactions.
Article 65 defines an electronic trade secret broadly to include information, formulas, software and programs, methods, unpublished writings, business and transaction methods, strategies, plans, financial information and customer lists that have economic value, are inaccessible to the public, and for which reasonable protective efforts have been made. Article 75 sentences a violator to corrective imprisonment of six months to two and a half years or a fine of up to 50,000,000 Rials.
No robots.txt-specific or AI-training-specific rule is stated; a scraper's bulk acquisition of a business's non-public electronic data could fall within Article 64 if the data meets Article 65's economic-value and inaccessibility tests. None of the Law's 81 articles states a day on which it comes into force. Under Article 2 of the Civil Code a law takes effect throughout the country fifteen days after its publication unless it provides otherwise. No notice stating the resulting day for this Law has been located.
When LexLint raises it
When your app profile says your app crawls the web or trains models.
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