Art. 52 of Legislative Decree 179/2026, published on 8 October and effective from 23 October 2026, adds paragraph 1-bis to art. 98 of the Industrial Property Code. Company information and technical-industrial experience that can be protected may include data, algorithms and mathematical methods for training AI systems, including model architectures, optimization functions, training procedures and configurations.

The standard does not attribute automatic protection to every dataset or algorithm. However, the three conditions already provided for by art. 98, paragraph 1 must be met: secret information, the economic value of secrecy and reasonably adequate measures to maintain it. Coordination with licenses, copyright, Data Act and GDPR remains necessary: the qualification as a trade secret does not authorize unlawful processing of personal data or allow legal access obligations to be evaded.

For companies that develop or commission AI models, it is advisable to inventory datasets, pipelines, weights and configurations that are effectively confidential, define access by role, marking and logging, confidentiality agreements and rules for suppliers and employees. In a dispute, the proof of the protection measures taken will be as central as the description of the technical asset.