Federal Law 98 FZ Trade Secrets. Russian FederationFederal Law on Trade Secrets

Commercial activity today is rather strictly regulated by law. There are many laws that also govern the dissemination of information about it.

Dear Readers! The article talks about typical ways of solving legal issues, but each case is individual. If you want to know how solve your problem- contact a consultant:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and WITHOUT DAYS.

It's fast and IS FREE!

Separately, you need to familiarize yourself with the Federal Law on trade secrets under the numbers 98-FZ.

Basic moments

Today, various types of commercial organizations are required to maintain accounting records. Moreover, such rules also apply to non-profit enterprises.

In turn, conduct is often required. It implies that this process has a number of different nuances and features.

First of all, this concerns commercial secrets. Since the dissemination of insider information can cause quite serious damage.

It is for this purpose that a special regulatory document was formed at the state level, within the framework of which confidential information of a commercial type is protected.

Access to data is carried out in a special mode. Therefore, their distribution is not allowed until such has lost its relevance.

This type of information can be accessed at different reasons... For example, within the framework of an employment relationship.

What it is

The term "trade secret" has several different interpretations... If possible, you should familiarize yourself with the exact concept in advance. Moreover, some of the data is secret by default.

Others simply cannot fit into the appropriate category. At the moment, there are many nuances associated with trade secrets.

That is why you need to familiarize yourself with all of these in advance. This will avoid many of the errors that arise in this case.

As a rule, information that is a trade secret includes the following:

production processes;
technology management;
financial activities.

In fact, it will be possible to refer to such a secret everything, the disclosure of which can lead to financial losses.

That is why you need to familiarize yourself with a number of nuances in advance before proceeding with. Often it is auditors who involuntarily, due to ignorance certain rules and norms become violators.

Therefore, it is necessary to clarify all the main points in advance / It is important to note that a number of data cannot be classified as trade secrets.

These include primarily the following:

data contained in constituent documents - confirming the fact of entering data on legal entities in the relevant register;
information in documents that give the right to maintain;
a list of data related to the composition of property - and this also applies to state, municipal institutions;
information on the total number, composition of employees - workers at the enterprise;
arrears on;
data on tenders, auctions;
information about the income of commercial institutions.

The above and some other information must necessarily be provided not only to various state bodies during verification.

But also to all citizens, commercial and non-commercial institutions. In turn, the owner of insider information has no right to disclose it until a certain time. All these points are considered in this legislative document.

Structure of the regulation

This normative document is referred to as. It includes a wide list of sections.

At the moment, the list of articles includes the following:

	This section defines the objectives as well as the scope of this normative document.
	A complete list of concepts that are used in this document
	The right to receive the information in question, as well as the way in which it will be possible to obtain the relevant data
	A complete list of information that may not constitute a trade secret
	How is the provision of information that is a trade secret carried out
	This NPD defines all the basic rights that arise for the owner of a trade secret.
	Points regarding the protection of confidential information are indicated
	How data protection is carried out within the framework of an employment relationship
	Data confidentiality if provided

It is important to note that for violation of the rules specified in the legislation, a rather serious punishment is assumed.

That is why it is necessary to familiarize yourself with all sections of the law before proceeding with the use of confidential data.

Since, as a rule, problems arise due to legal illiteracy. takes place within.

This issue is discussed in sufficient detail in. Knowledge of regulatory documents will allow you to independently exercise control over the observance of your own rights. Protect them if necessary.

Legal and illegal possession of information

An important part of the use of information is just the right to do so. Possession of information can be:

legal;
illegal.

Moreover, each case is also determined in the legislative norm. But it is important to note that this process has its own nuances.

For example, if there is access to insider information and at the same time its use is not carried out, then there is no punishment for this.

If there is a legal right of access to trade secrets, the use of data can also be carried out within the framework of the NAP.

It is not allowed to use information in some cases, even if you have the right to receive data.

In some cases, this can also have criminal consequences. Today, judicial practice in the commercial sphere is quite extensive.

That is why, before taking any action, it is important to carefully study the norms of the legislation. Otherwise, certain difficulties and problems may arise.

Federal Law of the Russian Federation on Commercial Secrets 98-FZ

In addition to legislative regulation, there may also be internal provisions regarding the use of legislation.

At the moment, this is the case in large corporations with a large annual turnover. Joint Stock Companies issuing shares take the issue of trade secrets quite seriously.

Since the dissemination of data can directly affect the value of the stock. The self-government regime implies compliance with all the nuances of the law without exception.

The main questions that need to be worked out in advance:

documents not related to CT;
protection of confidentiality of information;
for disclosing information.

Documents not related to CT

A number of documents used to conduct business simply cannot be classified as trade secrets. This issue is directly raised in the legislation.

These documents include those containing the following:

Information that confirms the fact of the possibility of doing business	Entrepreneurial or charitable
Data on the incorporation of a legal entity	The entrepreneur in the relevant state registers
Providing detailed information regarding the property on the balance sheet	Moreover, regardless of the type of such
Contamination data the environment	And also on fire safety, epidemiological situation, other
On expenses, income of commercial organizations	And also about the data structure of characteristics, parameters

All these points are discussed in sufficient detail in the relevant regulatory documents. It is also important to note that this process has its own subtleties.

For example, in addition to the federal law regulating the use of data on trade secrets, there are many others.

Within which it may also be prohibited to disseminate information. Therefore, in the absence of experience in this area, you should definitely familiarize yourself with all the nuances, subtleties associated with the paperwork. This primarily applies to large corporations.

Often, certain laws can be formed by local governments. The best solution is to get legal advice on this matter.

For example, in Moscow and St. Petersburg. many organizations offer legal advice.

Protection of confidentiality of information

This issue is regulated by a separate article in the legislative document under consideration. It is designated as art. №11.

Establishes a number of responsibilities for the employer:

It is important to note that an ordinary employee has access to trade secrets only with his consent. There are no alternatives.

The employer has no right to force his employee to sign any documents. Establishes a standard list of employee responsibilities regarding the preservation of trade secrets.

It is also dealt with in art. 11. The list of such responsibilities includes:

be sure to comply with the secrecy regime established by the employer;
in no case should you disclose a secret of a commercial type;
if the employee is guilty of disclosing a secret, he will be obliged to compensate for all existing losses;
upon termination of the working relationship, transfer to the employer all paper, electronic media;
other.

The employee will need to familiarize himself with all the subtleties and nuances of saving data. This will avoid material and other expenses.

Since often problems in the service arise precisely because of the banal ignorance of the employee. This question is best worked out in advance.

Video: Trade Secret Law

Judicial practice regarding the disclosure of commercial secrets is controversial. That's why the best solution- resolve all controversial issues peacefully.

Responsibility for disclosure of information

(Official Internet portal of legal information www.pravo.gov.ru, 18.04.2018, N 0001201804180032).
___________________________________________________________________

Article 1. Objectives and Scope of this Federal Law

1. This Federal Law regulates relations related to the establishment, change and termination of the commercial secret regime in relation to information that has actual or potential commercial value due to its unknown to third parties.
(Part as amended as of October 1, 2014.

2. The provisions of this Federal Law apply to information constituting a commercial secret, regardless of the type of medium on which it is recorded.

3. The provisions of this Federal Law shall not apply to information classified in accordance with the established procedure as a state secret, in respect of which the provisions of the legislation of the Russian Federation on state secrets are applied.

Article 2. Legislation of the Russian Federation on commercial secrets

(Abolished from October 1, 2014 - Federal Law of March 12, 2014 N 35-FZ.

Article 3. Basic concepts used in this Federal Law

For the purposes of this Federal Law, the following basic concepts are used:

1) commercial secret - a mode of confidentiality of information, which allows its owner, under existing or possible circumstances, to increase income, avoid unjustified expenses, maintain a position in the market of goods, works, services or receive other commercial benefits (paragraph as amended by Federal Law of December 18, 2006 N 231-FZ;

2) information constituting a commercial secret - information of any nature (production, technical, economic, organizational and others), including the results of intellectual activity in the scientific and technical sphere, as well as information on the methods of implementation professional activity that have actual or potential commercial value due to their unknown to third parties, to which third parties do not have free access to legal basis and in respect of which the owner of such information has been introduced a trade secret regime;
(Clause as amended by Federal Law of March 12, 2014 N 35-FZ.

3) the clause has become invalid from January 1, 2008 -;

4) owner of information constituting a commercial secret - a person who legally owns information constituting a commercial secret, has restricted access to this information and established a commercial secret regime in relation to it;

5) access to information constituting a commercial secret - familiarization of certain persons with information constituting a commercial secret, with the consent of its owner or on any other legal basis, provided that this information is kept confidential;

6) transfer of information constituting a commercial secret - the transfer of information constituting a commercial secret and recorded on a tangible medium, by its owner to a counterparty on the basis of an agreement in the amount and on the terms provided for by the agreement, including the condition that the counterparty takes measures established by the agreement to protect its confidentiality ;

7) counterparty - a party to a civil contract to which the owner of information constituting a commercial secret has transferred this information;

8) provision of information constituting a commercial secret - the transfer of information constituting a commercial secret and recorded on a tangible medium, by its owner to state authorities, other state bodies, local self-government bodies in order to perform their functions;

9) disclosure of information constituting a commercial secret - an action or inaction as a result of which information constituting a commercial secret in any possible form (oral, written, other form, including the use of technical means) becomes known to third parties without the consent of the owner such information either contrary to an employment or civil contract.

Article 4. Right to classify information as information constituting a commercial secret and methods of obtaining such information

1. The right to classify information as information constituting a commercial secret and to determine the list and composition of such information belongs to the owner of such information, taking into account the provisions of this Federal Law.

2. The part has become invalid since January 1, 2008 - Federal Law of December 18, 2006 N 231-FZ. ...

3. Information constituting a commercial secret received from its owner on the basis of an agreement or other legal basis is considered to be received in a legal way.

4. Information constituting a commercial secret owned by another person is considered to be obtained illegally if it was obtained with deliberate overcoming of measures taken by the owner of information constituting a commercial secret to protect the confidentiality of this information, and also if the person receiving this information knew or had there are sufficient grounds to believe that this information is a commercial secret owned by another person, and that the person transferring this information does not have a legal basis for the transfer of this information.

Article 5. Information that cannot constitute a commercial secret

The trade secret regime cannot be established by persons engaged in entrepreneurial activity in relation to the following information:

3) on the composition of the property of a state or municipal unitary enterprise, state institution and on their use of the funds of the respective budgets;

4) on environmental pollution, the state of fire safety, sanitary-epidemiological and radiation conditions, safety food products and other factors affecting negative impact to ensure the safe operation of production facilities, the safety of every citizen and the safety of the population as a whole;

5) on the number, on the composition of employees, on the remuneration system, on working conditions, including labor protection, on the indicators of industrial injuries and occupational morbidity, and on the availability of vacant jobs;

6) on the employers' arrears in payment wages and social benefits;
(Clause as amended by Federal Law of April 18, 2018 N 86-FZ.

7) on violations of the legislation of the Russian Federation and the facts of bringing to responsibility for committing these violations;

8) on the conditions of tenders or auctions for the privatization of objects of state or municipal property;

9) on the size and structure of income non-profit organizations, on the size and composition of their property, on their expenses, on the number and remuneration of their employees, on the use of free labor of citizens in the activities of a non-profit organization;

10) on the list of persons entitled to act without a power of attorney on behalf of a legal entity;

11) the obligatory disclosure of which or the inadmissibility of restricting access to which is established by other federal laws.

Article 6. Provision of information constituting a commercial secret

1. The owner of information constituting a commercial secret, upon the motivated request of a state authority, other state body, local government body, provides them with information constituting a commercial secret free of charge. A motivated request must be signed by an authorized official, contain an indication of the purpose and legal basis for requesting information constituting a commercial secret, and the time period for providing this information, unless otherwise established by federal laws.

2. If the owner of information constituting a commercial secret refuses to provide it to a state authority, another state authority, or a local self-government body, these authorities have the right to request this information in court.

3. The owner of information constituting a commercial secret, as well as state authorities, other government bodies, local government bodies that have received such information in accordance with part 1 of this article are obliged to provide this information at the request of the courts, preliminary investigation bodies, bodies of inquiry in cases in their proceedings, in the manner and on the grounds provided for by the legislation of the Russian Federation (as amended by the Federal Law of July 24, 2007 N 214-FZ).

4. The documents submitted to the bodies specified in parts 1 and 3 of this article and containing information constituting a commercial secret must be marked "Commercial secret" indicating its owner (for legal entities - the full name and location, for individual entrepreneurs - surname, name, patronymic of a citizen who is an individual entrepreneur, and place of residence).

Article 6_1. Rights of the owner of information constituting a commercial secret

1. The rights of the owner of information constituting a commercial secret arise from the moment he establishes a commercial secret regime with respect to this information in accordance with Article 10 of this Federal Law.

2. The owner of information constituting a commercial secret has the right:

1) establish, change, cancel in writing the regime of commercial secrets in accordance with this Federal Law and the civil law contract;

2) use information constituting a commercial secret for their own needs in a manner that does not contradict the legislation of the Russian Federation;

3) permit or prohibit access to information constituting a commercial secret, determine the procedure and conditions for access to this information;

4) demand from legal entities, individuals who have gained access to information constituting a commercial secret, government bodies, other state bodies, local self-government bodies, to which information constituting a commercial secret is provided, to comply with obligations to protect its confidentiality;

5) require from persons who have gained access to information constituting a commercial secret, as a result of actions committed accidentally or by mistake, to protect the confidentiality of this information;

6) defend in established by law their rights in the event of disclosure, illegal receipt or illegal use by third parties of information constituting a commercial secret, including to demand compensation for losses caused in connection with the violation of his rights.
(The article is additionally included from October 1, 2014 by the Federal Law of March 12, 2014 N 35-FZ)

Article 7. Rights of the owner of information constituting a commercial secret

Federal Law of December 18, 2006 N 231-FZ. )

Article 8. Owner of information constituting a commercial secret obtained in the framework of labor relations

(the article became invalid on January 1, 2008 - Federal Law of December 18, 2006 N 231-FZ.)

Article 9. The procedure for establishing a commercial secret regime in the performance of a state or municipal contract for state or municipal needs

(the article became invalid on January 1, 2008 - Federal Law of December 18, 2006 N 231-FZ.)

Article 10. Protection of confidentiality of information

1. Measures to protect the confidentiality of information, taken by its owner, should include:

1) determination of the list of information constituting a commercial secret;

2) restricting access to information constituting a commercial secret by establishing a procedure for handling this information and monitoring compliance with this procedure;

3) registration of persons who have gained access to information constituting a commercial secret, and (or) persons to whom such information was provided or transferred;

4) regulation of relations on the use of information constituting a commercial secret by employees on the basis of employment contracts and counterparties on the basis of civil law contracts;

5) application on material carriers containing information constituting a commercial secret, or inclusion in the requisites of documents containing such information, the stamp "Commercial secret" indicating the owner of such information (for legal entities - the full name and location, for individual entrepreneurs - surname, name, patronymic of a citizen who is an individual entrepreneur, and place of residence) (clause as amended by Federal Law of July 11, 2011 N 200-FZ.

2. The regime of a commercial secret shall be considered established after the owner of information constituting a commercial secret has taken the measures specified in part 1 of this article.

3. Individual entrepreneur who is the owner of information constituting a trade secret and does not have employees with whom labor contracts have been concluded, shall take measures to protect the confidentiality of information specified in part 1 of this article, with the exception of paragraphs 1 and 2, as well as the provisions of paragraph 4 concerning the regulation of labor relationships.

4. Along with the measures specified in part 1 of this article, the owner of information constituting a commercial secret has the right to use, if necessary, means and methods of technical protection of the confidentiality of this information, other measures that do not contradict the legislation of the Russian Federation.

5. Measures to protect the confidentiality of information are considered reasonably sufficient if:

1) access to information constituting a trade secret is excluded for any person without the consent of its owner;

2) it is possible to use information constituting a commercial secret by employees and transfer it to counterparties without violating the commercial secret regime.

6. The commercial secret regime cannot be used for purposes that contradict the requirements of protecting the foundations of the constitutional order, morality, health, rights and legitimate interests of others, ensuring the country's defense and state security.

Article 11. Protection of confidentiality of information constituting a commercial secret within the framework of labor relations

1. In order to protect the confidentiality of information constituting a trade secret, the employer must:

1) familiarize, against receipt, the employee whose access to this information, owned by the employer and his counterparties, is necessary for the employee to fulfill his job duties, with the list of information constituting a commercial secret;

2) to familiarize the employee, on receipt, with the trade secret regime established by the employer and with the measures of responsibility for its violation;

3) create an employee the necessary conditions to comply with the trade secret regime established by the employer.

2. An employee's access to information constituting a commercial secret is carried out with his consent, unless it is provided for by his labor duties.

3. In order to protect the confidentiality of information constituting a commercial secret, the employee is obliged:

1) comply with the trade secret regime established by the employer;

2) not to disclose this information, the owners of which are the employer and his counterparties, and without their consent not to use this information for personal purposes during the entire period of the trade secret regime, including after the termination of the employment contract;

3) reimburse the losses caused to the employer if the employee is guilty of disclosing information constituting a commercial secret and which became known to him in connection with the performance of his labor duties;

4) transfer to the employer, upon termination or termination of the employment contract, material media that are in the use of the employee and contain information constituting a commercial secret.

4. The employer has the right to demand compensation for losses caused to him by the disclosure of information constituting a commercial secret from the person who obtained access to this information in connection with the performance of labor duties, but who ceased labor Relations with the employer if this information is disclosed during the term of the trade secret regime.

5. Losses caused by the employee or the person who terminated the employment relationship with the employer shall not be reimbursed if the disclosure of information constituting a trade secret occurred as a result of the employer's failure to comply with measures to ensure the trade secret regime, actions of third parties or force majeure.

6. Labor contract the head of the organization should provide for his responsibilities to ensure the protection of the confidentiality of information constituting a trade secret, the owner of which is the organization and its counterparties, and responsibility for ensuring the protection of the confidentiality of this information.

7. The head of the organization shall reimburse the organization for losses caused by his guilty actions in connection with the violation of the laws of the Russian Federation on commercial secrets. In this case, losses are determined in accordance with civil law.

8. An employee has the right to appeal in court against the illegal establishment of a trade secret regime in relation to information to which he has gained access in connection with the performance of his job duties.
(Article as amended by the Federal Law of March 12, 2014 N 35-FZ.

Article 12. Protection of confidentiality of information within the framework of civil law relations

(the article became invalid on January 1, 2008 - Federal Law of December 18, 2006 N 231-FZ.)

Article 13. Protection of confidentiality of information when providing it

1. State authorities, other state bodies, local self-government bodies in accordance with this Federal Law and other federal laws are obliged to create conditions that ensure the protection of the confidentiality of information provided to them legal entities or individual entrepreneurs.

2. Officials of state power bodies, other state bodies, local self-government bodies, state or municipal employees of these bodies, without the consent of the owner of information constituting a commercial secret, may not disclose or transfer to other persons, state bodies, other state bodies, local self-government bodies information that has become known to them due to the performance of official (official) duties and constitutes a commercial secret, except for the cases provided for by this Federal Law, and also has no right to use this information for mercenary or other personal purposes.

3. In case of violation of the confidentiality of information by officials of state authorities, other state bodies, local self-government bodies, state and municipal employees of these bodies, these persons shall be held liable in accordance with the legislation of the Russian Federation.

Article 14. Responsibility for violation of this Federal Law

1. Violation of this Federal Law entails disciplinary, civil, administrative or criminal liability in accordance with the legislation of the Russian Federation.

2. An employee who, in connection with the performance of his job duties, has gained access to information constituting a commercial secret, the owners of which are the employer and his counterparties, in the event of deliberate or reckless disclosure of this information in the absence of corpus delicti in the actions of such an employee, shall bear disciplinary responsibility in accordance with with the legislation of the Russian Federation.

3. State authorities, other state bodies, local self-government bodies that have gained access to information constituting a commercial secret shall bear civil liability before the owner of the information constituting a commercial secret for the disclosure or illegal use of this information by their officials, state or municipal employees of the above bodies, whom she became known in connection with the performance of their official (official) duties.

4. A person who used information constituting a commercial secret and did not have sufficient grounds to consider the use of this information illegal, including gaining access to it as a result of an accident or error, cannot be held liable in accordance with this Federal Law.

5. At the request of the owner of information constituting a commercial secret, the person specified in part 4 of this article is obliged to take measures to protect the confidentiality of information. If such a person refuses to take these measures, the owner of the information constituting a commercial secret has the right to demand in court the protection of his rights.

Article 15. Responsibility for failure to provide information constituting a commercial secret to public authorities, other state bodies, local self-government bodies

Failure by the owner of information constituting a commercial secret, the legal requirements of state authorities, other state bodies, local authorities to provide them with information constituting a commercial secret, as well as obstruction of the receipt by officials of these bodies of this information entails liability in accordance with the legislation of the Russian Federation ...

Article 16. Transitional Provisions

The stamps applied before the entry into force of this Federal Law on tangible media and indicating the content of information constituting a commercial secret in them shall remain in effect provided that measures to protect the confidentiality of this information are brought into line with the requirements of this Federal Law.

The president
Russian Federation
V. Putin

Moscow Kremlin

Document revision taking into account
changes and additions prepared
JSC "Codex"

Article 1. Objectives and Scope of this Federal Law

1. This Federal Law regulates relations related to the classification of information as a commercial secret, the transfer of such information, the protection of its confidentiality in order to balance the interests of the owners of information constituting a commercial secret and other participants in regulated relations, including the state, in the goods market, works, services and prevention of unfair competition, and also defines information that cannot constitute a commercial secret.

2. The provisions of this Federal Law apply to information constituting a commercial secret, regardless of the type of medium on which it is recorded.

Article 2. Legislation of the Russian Federation on commercial secrets

The legislation of the Russian Federation on commercial secrets consists of Civil Code Of the Russian Federation, this Federal Law, and other federal laws.

Article 3. Basic concepts used in this Federal Law

For the purposes of this Federal Law, the following basic concepts are used:

1) commercial secret - confidentiality of information that allows its owner, under existing or possible circumstances, to increase income, avoid unjustified expenses, maintain a position in the market for goods, works, services, or obtain other commercial benefits;

2) information constituting a commercial secret - scientific and technical, technological, production, financial and economic or other information (including those constituting trade secrets (know-how), which has actual or potential commercial value due to its being unknown to third parties, to which there is no free access on a legal basis and in respect of which the owner of such information has introduced a commercial secret regime;

3) commercial secret regime - legal, organizational, technical and other measures taken by the owner of information constituting a commercial secret, measures to protect its confidentiality;

7) counterparty - a party to a civil contract to which the owner of information constituting a commercial secret has transferred this information;

Article 4. Right to classify information as information constituting a commercial secret and methods of obtaining such information

2. Information independently obtained by a person in the course of research, systematic observations or other activity is considered to be obtained in a legal way, despite the fact that the content of the specified information may coincide with the content of information constituting a trade secret, the owner of which is another person.

3. Information constituting a commercial secret received from its owner on the basis of an agreement or other legal basis is considered to be obtained in a legal way.

Article 5. Information that cannot constitute a commercial secret

The trade secret regime cannot be established by persons engaged in entrepreneurial activity in relation to the following information:

3) on the composition of the property of a state or municipal unitary enterprise, state institution and on their use of the funds of the respective budgets;

4) on environmental pollution, the state of fire safety, sanitary-epidemiological and radiation conditions, food safety and other factors that have a negative impact on ensuring the safe operation of production facilities, the safety of every citizen and the safety of the population as a whole;

6) on the debt of employers for the payment of wages and other social benefits;

7) on violations of the legislation of the Russian Federation and the facts of bringing to responsibility for committing these violations;

8) on the conditions of tenders or auctions for the privatization of objects of state or municipal property;

9) on the size and structure of income of non-profit organizations, on the size and composition of their property, on their expenses, on the number and remuneration of their employees, on the use of free labor of citizens in the activities of a non-profit organization;

10) on the list of persons entitled to act without a power of attorney on behalf of a legal entity;

11) the obligatory disclosure of which or the inadmissibility of restricting access to which is established by other federal laws.

Article 6. Provision of information constituting a commercial secret

3. The owner of information constituting a commercial secret, as well as state authorities, other state bodies, local self-government bodies that have received such information in accordance with part 1 of this article, are obliged to provide this information at the request of the courts, prosecution bodies, preliminary investigation bodies, bodies inquiries on cases in their proceedings, in the manner and on the grounds provided for by the legislation of the Russian Federation.

Article 7. Rights of the owner of information constituting a commercial secret

1. The rights of the owner of information constituting a commercial secret arise from the moment he establishes a commercial secret regime with respect to such information in accordance with Article 10 of this Federal Law.

2. The owner of information constituting a commercial secret has the right:

1) establish, change and cancel in writing the regime of commercial secrets in accordance with this Federal Law and the civil law contract;

2) use information constituting a commercial secret for their own needs in a manner that does not contradict the legislation of the Russian Federation;

3) permit or prohibit access to information constituting a commercial secret, determine the procedure and conditions for access to this information;

4) to enter into civil circulation information constituting a commercial secret on the basis of agreements providing for the inclusion in them of conditions for the protection of the confidentiality of this information;

5) require from legal entities and individuals who have gained access to information constituting a commercial secret, state authorities, other state bodies, local authorities, who have been provided with information constituting a commercial secret, to comply with obligations to protect its confidentiality;

6) require from persons who have gained access to information constituting a commercial secret, as a result of actions carried out accidentally or by mistake, to protect the confidentiality of this information;

7) protect, in the manner prescribed by law, their rights in the event of disclosure, illegal receipt or illegal use by third parties of information constituting a commercial secret, including demanding compensation for losses caused in connection with the violation of his rights.

Article 8. Owner of information constituting a trade secret obtained in the framework of labor relations

1. The owner of information constituting a trade secret obtained in the framework of labor relations is the employer.

2. In the event that an employee, in connection with the performance of his job duties or a specific task of the employer, receives a result capable of legal protection as an invention, utility model, industrial design, topology of an integrated circuit, a program for electronic computers or a database, the relationship between the employee and are regulated by the employer in accordance with the legislation of the Russian Federation on intellectual property.

Article 9. The procedure for establishing a commercial secret regime in the performance of a state contract for state needs

The state contract for the performance of research, development, technological or other work for federal state needs or the needs of a constituent entity of the Russian Federation should determine the amount of information recognized as confidential, and also should resolve issues related to the establishment of a commercial secret regime with respect to the information received. ...

Article 10. Protection of confidentiality of information

1. Measures to protect the confidentiality of information, taken by its owner, should include:

1) determination of the list of information constituting a commercial secret;

2) restricting access to information constituting a commercial secret by establishing a procedure for handling this information and monitoring compliance with this procedure;

3) registration of persons who have gained access to information constituting a commercial secret, and (or) persons to whom such information was provided or transferred;

4) regulation of relations on the use of information constituting a commercial secret by employees on the basis of employment contracts and counterparties on the basis of civil law contracts;

5) drawing on material carriers (documents) containing information constituting a commercial secret, the stamp "Commercial secret" indicating the owner of this information (for legal entities - the full name and location, for individual entrepreneurs - the surname, name, patronymic of a citizen who is individual entrepreneur, and place of residence).

2. The regime of a commercial secret shall be considered established after the owner of information constituting a commercial secret has taken the measures specified in part 1 of this article.

3. An individual entrepreneur who is the owner of information constituting a trade secret and does not have employees with whom labor contracts have been concluded, takes measures to protect the confidentiality of information specified in part 1 of this article, with the exception of paragraphs 1 and 2, as well as the provisions of paragraph 4 concerning the regulation of labor relations.

5. Measures to protect the confidentiality of information are considered reasonably sufficient if:

1) access to information constituting a trade secret is excluded for any person without the consent of its owner;

2) it is possible to use information constituting a commercial secret by employees and transfer it to counterparties without violating the commercial secret regime.

Article 11. Protection of confidentiality of information within the framework of labor relations

1.In order to protect the confidentiality of information, the employer is obliged:

1) familiarize, against receipt, an employee whose access to information constituting a commercial secret is necessary for him to perform his job duties, with a list of information constituting a commercial secret, the owners of which are the employer and his counterparties;

2) to familiarize the employee, on receipt, with the trade secret regime established by the employer and with the measures of responsibility for its violation;

3) create the necessary conditions for the employee to comply with the trade secret regime established by the employer.

2. An employee's access to information constituting a commercial secret is carried out with his consent, unless it is provided for by his labor duties.

3. In order to protect the confidentiality of information, the employee is obliged:

1) comply with the trade secret regime established by the employer;

2) not to disclose information constituting a commercial secret, the owners of which are the employer and his counterparties, and without their consent not to use this information for personal purposes;

3) not to disclose information constituting a trade secret, the owners of which are the employer and his counterparties, after the termination of the employment contract within the period provided for by the agreement between the employee and the employer concluded during the term of the employment contract, or within three years after the termination of the employment contract if the specified agreement was not concluded;

4) compensate the damage caused to the employer if the employee is guilty of disclosing information constituting a commercial secret, which became known to him in connection with the performance of his labor duties;

5) transfer to the employer, upon termination or termination of the employment contract, the material media in the employee's use, containing information constituting a commercial secret.

4. The employer has the right to demand compensation for losses caused by a person who terminated employment with him, if this person is guilty of disclosing information constituting a commercial secret, access to which this person received in connection with the performance of his labor duties, if the disclosure of such information followed within the period established in accordance with paragraph 3 of part 3 of this article.

5. The damage or loss caused shall not be reimbursed by the employee or the person who terminated the employment relationship, if the disclosure of information constituting a commercial secret was the result of force majeure, extreme necessity or the employer's failure to fulfill the obligation to ensure the commercial secret regime.

6. An employment contract with the head of the organization should provide for his obligations to ensure the protection of the confidentiality of information owned by the organization and its counterparties, and the responsibility for ensuring the protection of its confidentiality.

8. An employee has the right to appeal in court against the illegal establishment of a commercial secret regime in relation to information to which he has gained access in connection with the performance of his labor duties.

Article 12. Protection of confidentiality of information within the framework of civil law relations

1. The relationship between the owner of information constituting a commercial secret and his counterparty in terms of protecting the confidentiality of information are governed by law and agreement.

2. The contract must determine the conditions for protecting the confidentiality of information, including in the event of reorganization or liquidation of one of the parties to the contract in accordance with civil law, as well as the obligation of the counterparty to compensate for losses when he discloses this information contrary to the contract.

3. Unless otherwise provided by an agreement between the owner of information constituting a commercial secret and a counterparty, the counterparty, in accordance with the legislation of the Russian Federation, independently determines the methods of protecting information constituting a commercial secret transferred to him under the agreement.

4. The counterparty is obliged to immediately inform the owner of information constituting a commercial secret about the fact of disclosure or threat of disclosure, unlawful receipt or illegal use of information constituting a commercial secret by third parties, made by the counterparty or that has become known to him.

5. The owner of information constituting a commercial secret transferred by him to a counterparty, before the expiration of the contract, cannot disclose information constituting a commercial secret, and also unilaterally terminate the protection of its confidentiality, unless otherwise provided by the contract.

6. A party that has not provided, in accordance with the terms of the contract for the protection of confidentiality of information transferred under the contract, is obliged to compensate the other party for losses, unless otherwise provided by the contract.

Article 13. Protection of confidentiality of information when providing it

Article 14. Responsibility for violation of this Federal Law

1. Violation of this Federal Law entails disciplinary, civil, administrative or criminal liability in accordance with the legislation of the Russian Federation.

2. An employee who, in connection with the performance of his job duties, has gained access to information constituting a commercial secret, the owners of which are the employer and his counterparties, in the event of deliberate or reckless disclosure of this information in the absence of corpus delicti in the actions of such an employee, shall be disciplined in accordance with the legislation of the Russian Federation.

Article 15. Responsibility for failure to provide information constituting a commercial secret to state authorities, other state bodies, local self-government bodies

Article 16. Transitional provisions

The president
Russian Federation
V. Putin

The law on trade secrets was adopted and developed on July 29, 2004. It contains the concept of market secrets, as well as the right to protect it, and provide information to third parties and organizations.

And if you know the main points, you can avoid many conflict situations.

Download

For legal entities persons and individual entrepreneurs, it is important to take into account the provisions of Federal Law 98. Before starting entrepreneurial activity you need to familiarize yourself with it and study the norms of the law. Download The federal law"On commercial secrets" can be

Last changes

The Federal Law on Confidential Information was adopted in July 2004. Last revised of the law was introduced on March 12, 2014. Part 1 of article 1 was amended. Since 2014, the law on non-disclosure of information does not contain 2 article. Changed paragraph 2. of Art. 3 on the definition of data included in the concept of "commercial secret". Added clause 6.1. establishing the rights of the owner of information included in the concept of secrecy. Revised article 11, specifying the protection of trade secrets within the boundaries of the working relationship.

Article 5.

This article contains a list of information that cannot be a market secret:

Information prescribed in the constituent acts of legal entities, papers certifying the event of entering information about legal entities and individual entrepreneurs in state registers;
Information justifying the right to commercial activity;
Information on the number of objects of municipal or state economic organizations and institutions, and on their use of resources from budgets of various levels;
Information about the slagging of the natural biological environment, the level of safety, the level of the sanitary and epidemiological situation, the degree of radiation of radiation waves, the environmental friendliness of food products, and other information affecting the safety and health of humans, the environment and industrial enterprises;
On the composition of the working staff, on the wage scheme, on the work requirements, the labor protection system, on the health risks at the workplace, the number of job vacancies;
Information about the debts of managers for wages and other social benefits;
Information about non-compliance with the laws of the Russian Federation and bringing to administrative and criminal liability for them;
On the requirements for tenders or tenders for the privatization of immovable state objects;
On the size and composition of the profit of non-commercial enterprises, the size and number of their property, expenses, the number of people in the staff and the amount of wages, the use of free labor of workers in the work of non-commercial facilities;
Information about the list of citizens with the authority to work without an act of power of attorney from legal entities;
Data that must be disclosed or unlawfully restrict access to them, if this is established by the legislation of the Russian Federation.

Article 6 regulates the provision of data constituting a commercial secret.
The holder of market secret information is obliged, at the request of state or municipal authorities, to give them information that is included in the concept of secrecy free of charge. The petition must be certified by the signature of an official, with the definition of the right and purpose of the request for information, and the period for their submission, if it is not regulated by law;

If the data holder refuses to provide information to state authorities or municipal authorities, they have a reason to request it through the court;

The holder of a trade secret and government agencies and other organizations that have access to trade secrets are obliged to provide information at the request of the courts, investigative and special services, according to the system and law prescribed in the laws of the Russian Federation
On the acts where the commercial secret is indicated, the mark "Commercial secret" is applied, with the designation of information about its owner.

Article 10 contains information on the protection of confidentiality of information. It prescribes methods of protecting commercial secrets, the procedure for establishing a commercial secret regime, establishing that, in addition to the methods of protection prescribed in clause 1 of the article, the owner can use mechanical methods keep the secrecy of the data, and any others that do not violate the laws of the country.