How can a company protect trade secrets?

Contents:

  1. How a company can protect trade secrets: an introduction
  2. What does a trade secret include and what information cannot be included in it?
  3. What documents should be drawn up to introduce a trade secret regime?
  4. Who does the TS scan apply to?

How a company can protect trade secrets: an introduction

Since the second half of the 20th century, the expression "Who owns information, he owns the world" has become the motto of our time. This phrase of the famous banker Nathan Rothschild perfectly characterizes the importance of accurate information about something. In a business context, this refers to the information that a company uses to effectively solve problems and achieve goals. This category includes information related to production technologies, marketing process management, financial and other resources. Collectively, these data can be designated by the term "trade secret", which is of considerable value for any company.

Information is an intangible asset. This complicates his legal protection. According to the current legislation, trade secrets are subject to intellectual property rights. At the same time, it cannot be protected with a patent, that is, the business entity will have to independently resolve the issue of protecting data from leakage.

What does a trade secret include and what information cannot be included in it? 

Commercial information can be called information that in one way or another affects production processes:

  1. Production methods, organization of the enterprise, current and future projects.
  2. Conditions for scientific and industrial experiments, technological processes.
  3. Drawings, diagram, other types of design documentation.
  4. Information about the costs of production.
  5. Business development plans.
  6. Marketing and other research.
  7. Information about suppliers and customers, negotiations conducted by the company.

With regard to the above information, the trade secret regime is in effect, that is, the information cannot be disclosed to unauthorized persons, as this will entail negative consequences for the owner.

There is a certain list of data that are related to commercial activities, but cannot remain confidential. This category includes the constituent documents of the company, financial statements that must be submitted to the regulatory authorities, data on the number of employees and salaries, vacancies. Information that directly or indirectly violates the law cannot be a commercial secret. For example, this is non-compliance with the requirements of labor legislation, exceeding the norms of emissions into the atmosphere, the manufacture and sale of low-quality products.

What documents should be drawn up to introduce a trade secret regime?

Leakage of confidential company data is a serious problem for businesses around the world. Not only scammers and hackers steal information. Often, employees themselves, intentionally or accidentally, give out company secrets. To avoid such situations, the business owner should take the following steps:

  • To designate and convey to the team what constitutes a commercial secret regime, what information is confidential. In the Regulation on Commercial Secrets, it is necessary to prescribe the basic provisions on the protection of commercial information: who owns the company's resources, what rights the personnel have in access to such information, what responsibility is provided for its disclosure. This will allow employees to avoid situations where important information is leaked inadvertently.
  • It is worth including in the employment contract a clause according to which the employer has the right to control the actions of the employee while he is at the workplace during working hours. This will allow you to avoid situations when a person "merges" data from a work computer using corporate mail. Also, a paragraph can be included in the employment contract, according to which the employee undertakes an obligation not to disclose confidential information and is ready to bear responsibility for certain types of violations.  
  • The company's management should develop a special regulation that includes the procedure and principles for the protection of commercial information, the procedure for its transfer to personnel, customers and representatives of government agencies, responsibility for the misuse of confidential data. Each employee must familiarize himself with this document against signature. You can create a commission that will include the most responsible and qualified employees. Their task is to conduct explanatory work, to monitor compliance with the new organizational order.

Who is covered by the TS scan?

Leakage of confidential information can occur not only through the fault of employees, but also of counterparties. For security reasons, the company's management should conclude an additional agreement or include a clause on non-disclosure of confidential information in the main agreement. The document must contain a list of information not subject to disclosure, and sanctions for violation of the above paragraph.

To protect trade secrets, it is necessary to prepare a list of documents in the company, if you need help in developing and introducing a confidential information regime, the A4 Law Firm team of lawyers is ready to help with this.

REMAINED
QUESTIONS?

Актуальные новости и статьи

11January
Copyright protection for software and computer games is an issue that lawyers often face in connection with the active development of the gaming industry. Computer games are complex objects of intellectual property. Even if the developer registers a trademark and files a patent, some elements can still be used by third parties. The least protected objects include source code, game characters, music, graphics.
Узнать подробнее
31December
Due to the development of cryptocurrencies and the growth of their value, legislators in many countries pay close attention to them and develop appropriate regulation. At the moment, Estonia is one of the most attractive jurisdictions for doing cryptocurrency business.
Узнать подробнее
30December
A marketplace is an online platform designed for buying and selling goods. The marketplace acts as an intermediary between the buyer and seller, providing them with a convenient platform for placing goods and buying them.
Узнать подробнее
29December
With the development of pop culture, the layer of its influence on society increases. At the time of 2021, there is a huge fan base, divided into societies, depending on their favorite work. Accordingly, in order to express their own creative potential, the fan base expresses it in the form of their own interpretation.
Узнать подробнее
28December
Gibraltar is a British Overseas Territory located on the border of Europe and Africa and is an extremely attractive jurisdiction. Gibraltar is currently in the stage of economic growth, attracting a large number of investments from all over the world. Also, this jurisdiction is considered one jurisdiction with a high level of confidentiality and a fairly moderate tax regime. The first step in transferring your assets to Gibraltar is to set up a company. This is quite simple to do compared to other offshore jurisdictions.
Узнать подробнее
27December
In the legislation of the Russian Federation, there is no mandatory requirement for registration of copyright. Copyright arises at the time of creation of the object, therefore, there is no obligation to legally enforce the right. Despite this, attribution disputes are not uncommon for courts, and a deposit procedure exists to avoid lengthy litigation.
Узнать подробнее
24December
In connection with the general transition to online, business owners are increasingly faced with the need to create a website. Online business presentation increases your sales and brand awareness. At the same time, you should take a responsible attitude to the legal registration of relations with the developers of the site, since mistakes in drawing up a contract can lead to extremely negative consequences.
Узнать подробнее
23December
When deciding to block a site, government agencies are required to act in accordance with Federal Law No. 149. This law provides a large number of grounds for blocking any resource. Article 15.1 149-FZ and Decree of the Government of the Russian Federation of October 26, 2012 No. 1101 establish a list of bodies authorized to make a decision on blocking a site, and also introduces a register of sites containing information prohibited in Russia. Any resource for which such a decision has been made is included in this register. Inclusion of a site in such a register means restricting access to it in Russia. Internet providers rely on this registry and, when any site gets there, they suspend access to it.
Узнать подробнее
NEWSLETTER SUBSCRIPTION
By pressing the subscribe button I agree to the  Privacy Policy
a4lawfirm.ru
г.Москва г. Москва, Новоданиловская наб., дом 6, корп. 1, БЦ "Данилов плаза" +7 (499) 841-05-05 info@a4lawfirm.ru