Legal encyclopedia. Letter K

TRADE SECRET

- information that has real or potential commercial value due to its unknown to third parties, it is not freely accessible on a legal basis, and the information owner takes measures to protect its confidentiality.

Information that makes up KT is:

1) information related to commercial activities;

2) the maintenance of registers of book keeping and the internal accounting reporting.

KT businesses and entrepreneurs can not be:

1) constituent documents (decision on the establishment of an enterprise or a contract of founders) and the Charter;

2) documents giving the right to engage in entrepreneurial activities (documents confirming the fact of making entries about legal entities in the Unified State Register of Legal Entities, certificates of state registration of individual entrepreneurs, licenses, patents);

3) information on the established forms of reporting on financial and economic activities and other information necessary to verify the correctness of the calculation and payment of taxes and other mandatory payments to the state budgetary system of the Russian Federation;

4) solvency documents;

5) information on the number, composition of employees, their wages and working conditions, as well as on the availability of vacancies;

6) documents on payment of taxes and mandatory payments;

7) information on environmental pollution, violation of antimonopoly legislation, non-observance of safe working conditions, sale of products that cause harm to the health of the population, as well as other violations of Russian law and the extent of damage caused thereby;

8) information on the participation of company officials in cooperatives, small enterprises, partnerships, joint-stock companies, associations and other organizations engaged in entrepreneurial

Activities.

State and municipal enterprises prior to and in the process of their privatization are prohibited from attributing to KT data:

1) the size of the property of the enterprise and its cash assets;

2) on investing funds, in income assets (securities) of other enterprises,

In interest-bearing bonds and loans to the statutory funds of joint ventures;

3) on credit, trade and other obligations of the enterprise, arising from the legislation of the Russian Federation and contracts concluded by it;

4) agreements with cooperatives, other non-state enterprises, creative and temporary labor collectives, as well as individual citizens.

The right to access information that is KT is possessed by the following categories of persons: natural persons connected with the owner of a secret by labor relations; Organs

State authorities, administrations, judicial bodies and their officials due to their official powers; Persons who act as one of the parties to transactions concluded with the owner of the secret. The information that constitutes KT can be used by other persons provided that the following conditions are met: to obtain the information itself by legal means and to obtain permission from the right holder for such use.

KT's defense against unlawful attacks can be carried out on the basis of civil, administrative or criminal law.

Civil liability

Is imposed on persons who illegally received information constituting KT, and is expressed in compensation for the damage caused, including moral harm.

Norms of Administrative Law

Apply if the rights of the owner of KT are violated by officials of the government (tax, controlling, law enforcement, etc.), who have access to such information.

The Criminal Code of the Russian Federation establishes criminal responsibility for collecting information that constitutes KT, by abducting documents, bribery or threats, by other illegal means; Unlawful disclosure or use of information constituting KT, without the consent of their owner, by a person to whom she was entrusted or became known for service or work.