What is a trade secret and how to store it

What is a trade secret

According to lawFederal law from 29.07.2004 N 98-FZ (ed. from 18.04.2018) "On Commercial Secrets" trade secret can be information that allows the holder to increase revenue, to avoid unnecessary costs, maintain its position in the market or to receive any other benefits. This includes details of any kind of value is due to the fact that they are not known to third parties.

For example, there are two large pans manufacturer in the market. One managed to develop a coating formula, in which the food will never stick to the bottom - even if the dishes after thousands of years, archaeologists have dug out. This technology can be a great asset in the competition. But if someone from the staff will give its competitors, the firm will lose its advantage and lose potential revenue.

What can not be a commercial secret

This law looks like a great loophole to hide unsightly information, but in such cases there is his position. Secret may not be followingFederal law from 29.07.2004 N 98-FZ (ed. from 18.04.2018) "On Commercial Secrets":

• a document confirming the fact of making entries in the state register of legal entities and SPAs well as information from the constituent documents of legal entities;
• of documents giving the right to carry out business activities;
• on the property of the state or municipal unitary enterprises, state institutions and the way they spend the budget funds;
• about pollution, sanitary-epidemiological and radiological conditions and other rates, which may adversely affect the safety or operation of production facilities;
• the size and composition of employees, pay and working conditions, injury rates and vacancies;
• of debts of the enterprise to employees;
• violations of the law and the facts of the prosecution;
• on the conditions of tenders or auctions for the privatization of state or municipal property;
• income and property of non-profit organizations, the salary of employees and the employment of volunteers;
• on the list of persons entitled to act without power of attorney on behalf of a legal entity;
• Mandatory disclosure under the law.

How to protect trade secret information

It is not enough to collect workers and tell them, just do not tell anyone. More precisely, you can do so, but no restrictions under the law it does not impose on them. If you want to do the right thing, the next algorithm.

• Determine what information should be kept secret. The documents, which contains this information must be labeled classifiedFederal law from 29.07.2004 N 98-FZ (ed. from 18.04.2018) "On Commercial Secrets" "Trade secret".
• Restrict access to this information by setting the order handling. Employees must not stumble on the data by accident. Accordingly, it is necessary to determine who, how and why is acquainted with classified information.
• Give the signature on the staff admitted to the secrets, non-disclosure agreement. As it should be pointed out that is a commercial secret, how many years it should be stored, what sanctions are waiting for the disclosure.

In the process of classifying the data necessary to make the Regulations on commercial secrets. Strict form for this document is not, but it should reflect the following points.

• General - basic terms and definitions, information about the organization and its leaders, on the structural subdivision, responsible for data protection, legislation relied on by the organization in dealing with trade secret.
• The procedure for classifying information as a trade secret and Declassification of confidentiality. Here or in the application can also issue a list of data to be made under the provisions.
• The order of use of the information constitutes a trade secret - on what basis is provided and stops access to information, how to handle them.
• Duties and responsibilities of employees with access to information constituting a trade secret.
• Ensuring security of confidential information - what means protected data.
• Final provisions - the procedure for approval of the document and the annexes thereto, the algorithm changes and so on.

List of information constituting a trade secret, and the sample position of a non-disclosure can be issued in the application.

To understand how the situation looks like, look at existing instruments: some companies spreadRegulations on commercial secrets them in open access.

How do you know whether you have access to a trade secret

If the work involves access to trade secrets, while taking you sign a confidentiality agreement, which is made application to the labor contract. In it you consent to access to commercial secrets, agree to comply with the Regulation on it and confirm that they are familiar with security measures for the storage of corporate secrets. In this case, you are responsible for the disclosure of information.

To not inadvertently violate the ban, it is necessary to carefully read what you can not. For example, if the documents are not allowed to use their stickDo not do it, even if you just want to download a USB-drive photo for desktop screensaver. This is enough to be held accountable.

Thus, the Muscovite was dismissed from his job for being sent internal documents from your work email account to a personal one. He refused and went to court. However, the dismissal was recognized as a legitimateDecision of the Constitutional Court of the Russian Federation of 26.10.2017 N 25-P. When forwarding information data passes through a mail server that belongs to a third party. So actually dismissed employees made their actions the possibility of leakage of confidential information.

How to punish those who did not keep a trade secret

several types of liability provided for offenders.

• Disciplinary - from observations to dismissalArticle 81 of the LC RF.
• Civil - the offender shall compensate for the losses that the company suffered due to disclosure of information.
• Administrative - fineArticle 13.14 of the Administrative Code. The disclosure of information with limited access from 500 to 5000 rubles.
• Criminal - a fine of up to 1 million, or correctional labor for up to two years, or forced labor - up to three years, or deprivationArticle 183 of the Criminal Code freedom - up to three years.

Exactly how the offender will be punished, depending on the consequences of his indiscretion and the extent of damage.

What should we remember

• Trade secret can do everything that is not forbidden to keep a secret.
• It is necessary to properly execute documents on trade secrets.
• Employees have access to trade secrets and are responsible for its dissemination, unless written consent for this.
• If agreed to keep a secret, it is necessary to follow the internal acts of the company, otherwise incur liability.