Confidential information vs commercial secret
Everyone knows the notion that who owns the information, owns the world. This concept is commonly intertwined with the market economy. Now, if you want to keep your company in your possession, it is necessary to make a measures that will prevent the leakage of information outside of your firm. In such cases, attention should be focused on the introduction of mode of confidential information and commercial secret. At once I wish to specify that these modes do not provide complete protection from regulatory and law enforcement agencies. Although such mode would protect from regulatory and law enforcement agencies your ordinary employees. The head is more likely be able to disclose financial and economic documents of the firm under the pretext, that being in these documents information is a commercial secret, if a requests for extradition of these documents are legitimate.
Let us consider the difference between these two concepts.
Confidential information and commercial secret have a lot in common, one of which is that both are the information that the firm has the right not to disclose, and the employees who work in the company, obliged not to disclose.
Still there are some restrictions on the information that can not be a commercial secret.
Information that can not be a commercial secret: constituent documents of the company; documents that allow company to be engaged in entrepreneurial activities; all information on established forms of reporting; information that is necessary to control the calculation and payment of taxes; information about quality and quantity of employeesand also their wages and vacancies; data on the pollution of the environment, lack of due working conditions; data on sales of products, which can cause or causes damage to health; documents about the solvency of the company; information about the participation of company's officials in cooperatives and associations that are engaged in entrepreneurial activities; all of the data that according to law shall be made public.
Information that can not be confidential: all information relating to the state of the environment, match of the quality of food products and household items; about other emergency situations that threaten the safety of the public and workers; everything relating to the violation of freedoms and human rights; about illegal actions of the authorities and officials.
Confidential information - data about individuals that are only available by the permission of physical or legal entities. This does not apply to the subjects of power. All confidential information may be extended only with the permission of the appropriate person and in the specified by him order, according to the stipulated for them terms. Or order may be provided by Part 2, page 21 of the Law "On Information".
Commercial secret of the company - is information, that concerns manufacturing technology, management, financial activities. First of all its a data, which have commercial value. What will refer to confidential information and commercial secrets is regulated by enterprise in accordance with article 36 of the Commercial Code of Ukraine. At the present moment Ukraine does not have specific rules that would regulate the legal regime and order of use of trade secret. In accordance with part 2 of article 505 of Civil Code of Ukraine to commercial secret can be attributed information of organizational, technical industrial and commercial nature, except that information which is not attributable to commercial secret by law.
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