What will happen if Huawei employees use company system bugs to access confidential data beyond their authority?

On April 12, according to China Judgment Document Network, Yimou, a Huawei employee, has the right to log in to Huawei Enterprise Resource Planning (ERP) system to view relevant data and information within the scope of work. On June 20 10, Yimou was transferred from the cable material control department of Huawei, and failed to clear the inquiry authority of cable material coding price in the ERP account as required by Huawei. By the end of 20 17, Yimou had obtained the price information of cable materials in ERP system for many times by inquiring and borrowing colleagues' accounts without authorization.

According to the provisions of the Illegal Secrets Law:

I. Labor Law

After the conclusion, performance or termination of the labor contract, employees of the company violate the company's rules and regulations for protecting trade secrets, confidentiality clauses in the labor contract, confidentiality contract or non-competition contract, thus causing losses to the company. The company may apply to the labor dispute arbitration committee for labor arbitration in accordance with the relevant provisions of the Labor Law, and require the employees who violate the above agreements to bear the liability for damages.

Second, the provisions of the civil law

If the company has signed a confidentiality agreement with its employees, according to the contract, if the employees violate the confidentiality clause, it will constitute a breach of contract and should bear the liability for breach of contract. The company may require the employees to compensate the corresponding losses according to the confidentiality contract or by requesting commercial arbitration or litigation.

For clear trade secrets, even if there is no prior agreement, once the infringement of trade secrets stipulated by law is carried out, which causes serious damage to the company, the company can bring a lawsuit to the people's court with jurisdiction, requiring employees to bear civil liabilities such as stopping the infringement, eliminating the influence and compensating for losses.

Third, the provisions of the criminal law

If the circumstances of infringement of trade secrets are serious and cause serious losses to the company, the company may file a criminal private prosecution with the people's court or report the case to the public security organ, requesting to file a case for investigation. If the infringer is investigated for criminal responsibility, he may file an incidental civil action and demand the infringer to compensate the corresponding losses.

Four. Provisions of administrative law

According to the Anti-Unfair Competition Law, Several Provisions of the State Administration for Industry and Commerce on Prohibiting Infringement of Trade Secrets and Interim Provisions on Administrative Punishment of the Administration for Industry and Commerce, the company believes that its trade secrets have been infringed, and may apply to the administration for industry and commerce for investigation and punishment of the infringement.