The regime of commercial secrecy
In any company there is confidential information, which is especially carefully protected from unauthorized employees, as well as competitors and suppliers. At the same time, it is quite difficult to determine the degree of data secrecy. As a result, all information related to the activities of the organization is beginning to be considered confidential. As a result, litigations arise both with employees and with other companies.
A list of relevant data is given in several legislative acts, however, a company can independently restrict access to certain information.
In practice, the regime of confidentiality is determined by:
– a list of information constituting a commercial secret; A list of confidential information in the organization;
– contractual regulation of relations with employees;
– contractual regulation of relations with counterparties by establishing appropriate provisions in the contract;
– by putting on the media of confidential information the limiting marks and the neck of confidentiality with the indication of its owner.
In addition to these measures, companies can, if necessary, use means and methods of technical protection of confidential information, as well as other measures.
The regime of commercial secrecy can not be established with respect to the following information:
– contained in the constituent documents of a legal entity and documents confirming the fact of making entries about legal entities in state registers;
– contained in documents that give the right to carry out business activities;
– on pollution of the environment, the state of fire safety, sanitary and epidemiological and radiation situation, food safety and other factors that have a negative impact on ensuring the safe operation of production facilities, the safety of each citizen and the safety of the population as a whole;
– on the number, composition of employees, the system of labor remuneration, labor conditions, including labor protection, occupational injuries and occupational diseases, availability of vacant workplaces;
– on employers’ debts for payment of wages and other social benefits;
– violations of the law and facts of prosecution for their commission;
– on the size and structure of income of non-profit organizations, on the size and composition of their property, on their expenditures, on the number and pay of their employees, on the use of unpaid labor of citizens in the activities of a non-profit organization;
– on the list of persons entitled to act without a power of attorney on behalf of a legal entity;
– information, the mandatory disclosure of which or the inadmissibility of restricting access.