The new trends in Intellectual Property refer us to the TRIPS Agreement when analyzing the "undisclosed information" and in it the "data exclusivity" provided in article 39.3. However, there are difficult interpretations for this controversial figure that does not escape the interests of the different participating sectors of the most varied members of the WTO. The present study aims to approach the figure from its concepts and requirements, analyzing its various interpretations as well as the sensitivities in its application. The method used is the deductive and the bibliographic research technique. It is structured in introduction, development, conclusions and bibliography.