"Several Provisions on Information Protection for Domestic Enterprises Undertaking Service Outsourcing Businesses" is a notice issued by national government departments and agencies, which provides solutions to the main contradictions in the notice.
Article 1 is to promote domestic enterprises undertaking service outsourcing business (hereinafter referred to as outsourcing parties) to properly protect confidential information, maintain a fair competitive environment, and promote the further development of my country's service outsourcing industry. According to the "People's Republic of China ***The Contract Law of the People's Republic of China and other laws and administrative regulations formulate these regulations.
Article 2 The service outsourcing business referred to in these regulations refers to the information technology outsourcing services provided by the outsourcing party to domestic and foreign enterprises, institutions, organizations or individuals (hereinafter referred to as the outsourcing party) through contracts. The conduct of services such as technical business process outsourcing services.
Article 3 Confidential information as mentioned in these regulations refers to business information or data that meets the following conditions:
(1) The outsourcing party obtains information from the outsourcing party during the process of undertaking service outsourcing business. Obtained;
(2) The contract-issuing party has adopted confidentiality measures and is not known to the public;
(3) The contract-receiving party shall bear the obligation of confidentiality according to the contract.
Article 4 The outsourcing party and its shareholders, directors, supervisors, managers and employees shall not violate the terms of the service outsourcing contract by disclosing, using or allowing others to use the confidential information of the outsourcing party in their possession.
Extended information:
Article 6: The contractor shall sign confidentiality agreements, non-compete agreements with employees, especially confidential personnel, as well as with confidential third-party personnel. Sign confidentiality agreements and other measures to ensure information security.
Article 7: The contractor shall strengthen information security training for employees, enhance employees’ awareness of confidentiality, and avoid accidents involving the leakage of confidential information.
Article 8: The contractor is encouraged to actively draw on domestic and foreign information security certification requirements and industry best practices to formulate an internal information security management system and obtain domestic and international information security certification.
Article 9: The contractor shall actively carry out inspection and maintenance of the internal information security management system and continuously improve the enterprise's internal information security system.
Article 10 If the contractor violates the confidentiality agreement with the outsourcing party or the confidentiality clause in the service outsourcing contract, the outsourcing party may initiate arbitration or submit a request to the competent authority in accordance with the confidentiality agreement or the service outsourcing contract. prosecution in court.
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