It is illegal to divulge company secrets. If a confidentiality agreement is signed, the disclosure of company secrets will bear corresponding legal responsibilities.
Article 23 of the Labor Contract Law of People's Republic of China (PRC) * * * The employer and the employee may agree in the labor contract to keep the business secrets of the employer and confidential matters related to intellectual property rights.
For the workers who have the obligation of confidentiality, the employer may stipulate the non-competition clause with the workers in the labor contract or confidentiality agreement, and stipulate that after the labor contract is dissolved or terminated, the economic compensation will be paid to the workers on a monthly basis during the non-competition period. If the laborer violates the non-competition agreement, he shall pay liquidated damages to the employer in accordance with the agreement.
Second, what are the constitutive requirements of trade secrets?
1, unknown to the public (secret)
Secretness is the core feature of trade secrets, and it is also the difficulty and controversial focus of trade secrets identification. "Not known to the public" as stipulated by law refers to the secrecy of trade secrets, that is, the trade secrets claimed by the obligee have not entered the public domain and do not belong to "known information" or "known technology". Secrecy is the most striking feature that distinguishes trade secrets from patented technology and well-known technology, and it is also the premise to maintain their economic value and legal protection. Information that is known to the public and can be easily obtained cannot be used to enjoy advantages, and the law does not need protection; A secret that has been made public will make its owner lose an advantage in the competition, and it will no longer need legal protection.
2. It can bring economic benefits (value) to the obligee.
Paragraph 3 of Article 2 of Several Provisions on Prohibition of Infringement of Trade Secrets stipulates: "The economic benefits and practicality mentioned in these Provisions mean that the information has definite applicability and can bring real or potential economic benefits or competitive advantages to the obligee." This explanation reveals the essential characteristics of trade secrets. It can bring economic benefits to the obligee, which refers to the value of trade secrets and the purpose of legal protection of trade secrets.
Step 3 be practical
Practicality refers to the objective usefulness of trade secrets, that is, the use of trade secrets can create economic value for everyone, which has certain practicality and is an inevitable requirement for realizing the value of trade secrets. Trade secrets must be able to be manufactured or used in order to bring economic benefits to their holders. It is precisely because of the practicality of trade secrets that anyone who has mastered them will be able to apply them in practice.
Security measures (confidentiality) have been taken.
The confidentiality of trade secrets means that trade secrets have been obtained by obligees, and it is difficult for ordinary people to obtain them directly from public channels. This requirement emphasizes the confidential behavior of the obligee, not the result of confidentiality. The reason for this provision is that those who fight for rights are encouraged by law, and those who sleep on rights should not be protected. The objective existence of confidentiality makes it difficult for competitors to obtain this information directly through public channels under normal circumstances.
Third, how should companies protect trade secrets?
At the initial stage of business, enterprises can sign confidentiality agreements, restrict competition, set confidentiality clauses or confidentiality annexes in labor contracts, and at the same time conduct legal publicity on business secret education for employees, enhance the confidentiality awareness of employees, especially managers, and clearly tell employees that it is illegal to infringe on company business secrets, and the circumstances are serious or lead to crimes. Completes the reward and punishment system.
When the enterprise develops to a stable scale and the economy is relatively affluent, it begins to establish and improve the trade secret protection system. When recruiting employees, they shall sign a confidentiality agreement, a questionnaire on business secrets of candidates, a guarantee of non-infringement of other people's intellectual property rights, a post confidentiality agreement, a post confidentiality undertaking and a post affidavit, and sign a post confidentiality agreement when leaving. Establish a basic system for the supervision and use of trade secrets, and make a trade secret confirmation registration form, an application form for the use of trade secrets, an application form for the change of trade secret classification, an application form for the decryption of trade secrets, a proposal for the protection of trade secrets, a confidentiality statement for the exchange of trade secret documents, and a confidentiality statement for others' trade secrets.
After the enterprise grows up, it is on the right track in an all-round way, its internal management and operation have been standardized, and a large amount of technical information has been produced. Competitors will spy on the information and business secrets of enterprises. At this time, we should focus on protecting some core technologies and information to ensure the safety of our own business secrets. At this time, enterprises need to establish a special business secret management department. Specialized management agencies should sort out complicated information and establish a sound confidentiality system, such as trade secret management measures or regulations, and supporting documents of labor contract law. When developing new projects, establish a project development security system, implement a foreign exchange security system when communicating with foreign countries, and encrypt enterprise contracts. Remember to completely smash the discarded documents involving trade secrets.
That's what I've introduced to you about leaking company secrets. I hope it helps you. For the workers who have the obligation of confidentiality, the employer may stipulate the non-competition clause with the workers in the labor contract or confidentiality agreement, and stipulate that after the labor contract is dissolved or terminated, the economic compensation will be paid to the workers on a monthly basis during the non-competition period.