I didn't sign a contract or a confidentiality agreement with my original company. I have worked for 2 years. Now, will there be any legal problems if I exchange some company confidential information o

I didn't sign a contract or a confidentiality agreement with my original company. I have worked for 2 years. Now, will there be any legal problems if I exchange some company confidential information obtained from my work for some money? The key to your question is whether the information sold belongs to trade secrets. according to the provisions of article 1 of China's anti-unfair competition law, trade secrets refer to technical information or business information that is not known to the public, can bring economic benefits to the obligee, and is practical and has been kept confidential by the obligee.

according to the provisions of this article, a trade secret shall meet the following conditions stipulated by law:

(1) Information is confidential

The first condition of a trade secret is that information should be confidential, that is, no one can disclose it to the public. The so-called social openness is to be open to unspecified people. Secrets that employees know because of business needs cannot be regarded as open to the public.

(2) Information has commercial benefits

A piece of information may not be immediately converted into economic benefits. It can bring economic benefits, including potential economic benefits, and also bring competitive advantages to enterprises. As long as it is valuable information, it can meet the requirements of this condition. Information without value, since it can't bring economic benefits to enterprises, has no protection value.

(3) Information is practical

The so-called practicality means that information can be actually used by enterprises in production and operation. Just because information is useful does not mean that it must be used directly in production. If information can provide indirect and beneficial help for the production and business activities of enterprises, it should still be regarded as practical information. For example, staged technological achievements can't be directly used in production and management, but it plays an important role in the further research and final completion of enterprises based on the technological achievements, so it should be regarded as practical.

(4) The obligee has taken confidentiality measures

This is an important factor that determines the protection of trade secrets. If an enterprise does not take protective measures for a certain information, adopts a laissez-faire attitude towards the information and does not disclose it to the public, it shows that it does not consider it a trade secret, or it does not ask for protection, then the law will not give protection.

based on your description now, I think it is quite possible that you are suspected of infringing on trade secrets.