Every day, entrepreneurs face the risk of losing valuable data, whether it is innovative developments, development strategies or customer bases. However, many still underestimate the importance of legal protection of their corporate secrets.
This article is your guide to the world of business information security. We will tell you how to legally protect your secrets from prying eyes, what precautions to take, and what to do if valuable information does fall into the hands of competitors.
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In this article:
What is a trade secret?
What can be considered a trade secret?
What information cannot be considered a trade secret
Methods of disclosing confidential company information
Responsibility for disclosure of commercial secrets
Methods of protection against disclosure of confidential company information
How to prevent disclosure of corporate secrets?
How to formalize a company's commercial secret?
Let's sum it up
Frequently asked questions
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What is a trade secret?
This is information that has real or potential commercial value due to its unknown nature to third parties. This could be production technologies, marketing strategies, customer bases, or unique business management methods.
What is a trade secret?
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The purpose of protecting such information is to maintain the company's competitive advantage and protect its innovative developments. Information plays a key role in modern business. And proper management of corporate secrets can become a decisive factor in the success of an enterprise.
Legal regulation
In the Russian Federation, issues of protecting closed company data are regulated by the Federal Law "On Commercial Secrets" dated 29.07.2004 N 98-FZ. This law defines the legal basis for protecting commercial secrets, the rights and obligations of their owner.
It is important to note that not all information can be classified in this category. The law establishes a list of information that cannot constitute a commercial secret. These include, for example, data on environmental pollution, the number of personnel, the wage system, and others.
Difference from confidential information
Confidential information is a broader concept. It may include personal data of employees, medical information, and other information that is not subject to disclosure.
A commercial secret, in turn, is a specific type of classified information directly related to the commercial activities of an enterprise and providing it with a competitive advantage in the market.
If a company does not make a clear distinction between these concepts, this may lead to weakening the protection of truly important commercial information or, conversely, to unnecessary restrictions in working with ordinary data.
Correctly determining the status of information and appropriate measures to protect it is an important step in building an effective enterprise information security system.