The definition of trade secret in China's Anti-Unfair Competition Law is: the so-called trade secret refers to the technical information and business information that are not known to the public, can bring economic benefits to the obligee and are kept confidential by the obligee. Trade secrets include two parts, namely, technical secrets and trade secrets. Trade secrets include customer lists, source information, production and marketing strategies, and business methods. It can be seen that although customer information is included in trade secrets, not all customer information can become trade secrets, and customer information can only constitute trade secrets if it meets several conditions:
1, unknown to the public: a phone book or enterprise directory says it is the business password of the enterprise, which is invalid. Only through self-collection, sorting and processing can it be unique and not known to the public, and such customer information can become a business password.
2. Can bring economic benefits to the obligee: These customer data have certain applicability and can bring real or potential economic benefits or competitive advantages to the obligee.
3. The obligee should take confidentiality measures: this is very important. Enterprises must treat these customer information as secret and take necessary confidentiality measures, including but not limited to: confidentiality system, confidentiality training, confidentiality measures and means, confidentiality agreement, etc. If the enterprise does not take corresponding confidentiality measures, then these customer data do not constitute trade secrets.
What are the main confidentiality obligations of employees?
Generally speaking, employees' confidentiality obligations are as follows:
1. Strictly abide by any written or unwritten confidentiality rules and regulations formulated by the company, perform confidentiality duties corresponding to their jobs, and do not disclose confidential information of the company. If the company promises not to disclose confidential information belonging to others, employees shall not disclose such confidential information;
2. Party B shall not disclose the company's business secrets to anyone outside the company in any form. If the company promises not to disclose business secrets belonging to others, employees shall not disclose them to anyone outside the company.
3. Use the confidential information of others that the company or the company promises to keep confidential correctly, and do not use these confidential information when performing my duties.
4. Don't use the confidential information of the company or others to benefit yourself or any third party, but the company promises to keep it confidential.
5. Keep confidential information of the company or others, but the company promises to keep it confidential.