Every business has its own unique business and technical information known as trade secrets. Leaking information such as internal company documents will involve the behavior of leaking and infringing on trade secrets, whether it is during the term of employment or after leaving the company. For the leakage and infringement of trade secrets, not only is a violation of the contractual obligation of confidentiality, but also constitutes a crime.

Corporate data leakage, trade secret leakage will generally through which several ways?

According to third-party statistics, 80% of the leakage of trade secrets comes from internal staff leakage, such as:

1, internal staff leaving the copy to take away the information leakage The probability of this type of situation is the highest. According to the survey, the Chinese enterprises employees leave the copy information to more than 70%. At the time of departure, research and development personnel to take away the results of research and development, sales staff to take away the enterprise customer information, and even financial personnel will be the core of the enterprise financial information copy away.

2, unintentional leakage of internal personnel and malicious leakage of internal personnel in the Internet accidentally in the virus or Trojan horse, computer storage of important information was lost in a very large number of cases. Due to the proliferation of viruses and Trojan horses, the risk of corporate leaks is growing. And part of the bad employees know is the enterprise confidential information, but also through QQ, MSN, e-mail, blogs or other network forms, the information sent to the outside of the enterprise, this targeted leakage behavior, resulting in harm is also quite serious.

3. External competitors steal secrets Competitors use the way to buy, buy through the internal staff of the enterprise, so that the internal staff to send important information to the competition, thus stealing confidentiality of the situation is also very much. This approach directly damages the core assets of the enterprise and brings a fatal blow to the enterprise.

4. Loss of storage devices and maintenance of loss of confidentiality Mobile storage devices such as laptops, mobile hard drives, cell phone memory cards, digital camera/camcorder, etc., once lost, maintenance or scrapped, the storage data is often exposed, therefore, the loss of mobile storage devices and maintenance of leakage is also one of the main reasons for the leakage of confidentiality events.

How many business secrets leakage exists in the business information of the contempt, do not know the content of business secrets and no high and low points, the so-called protection of trade secrets, is that workers in the labor contract period and the termination or termination of the labor contract after a period of time may not use the enterprise's business secrets to engage in personal profit-making activities, non-compliance with the provisions of the law or the enterprise's promise, shall not disclose, use or allow others to use their mastery of the enterprise's business secrets, and the enterprise's business secrets. Allow others to use the commercial secrets of the enterprise in their possession. And enterprises in the hidden danger before the occurrence of the need to improve their own protection awareness, and strengthen the protection measures to prevent the leakage of trade secrets timely collection of evidence, regardless of the confidentiality of the seriousness, once the leakage, will be held accountable according to law.

Early in 2017, Hebei a catering management limited company and Liang signed a "catering management limited company contract", the contract agreed that "non-consent by a catering management limited company, Liang shall not disclose commercial secrets, including this item all technology, formulas and other commercial secrets, or else shall bear 300,000 yuan of Compensation."

After the contract was signed, Liang paid 3,980 yuan of training fees to Hebei So-and-So Management Co. and studied at Hebei Creation Catering Management Co. to obtain the encrypted formula.

Since then, Mr. Liang has been spreading the video of making pancake 馃馃馃馃馃馃馃馃馃馃馃〉 on the "Racer" app under the user name "So-and-so Pancake 馃馃馃〉, with which some netizens have interacted with him. Liang Mou in WeChat will be the recipe and practice for 2,000 yuan price forwarded to other students, from which profits.

Hebei a catering management limited company that it violated the contract signed by the two parties, so Liang sued to the court of first instance, demanded to order Liang to pay liquidated damages of 300,000 yuan, the company submitted video evidence, a number of notarized certificates show that Liang unauthorized use of the cell phone to teach others with encrypted recipes of the same technology, external publicity of the above technical secrets, has constituted a breach of contract.

And in the case of leaking trade secrets as well as breach of contract, what responsibility might the leaker bear?

Civil liability includes

Liability for breach of contract: Liability according to the confidentiality contract signed by both parties. Violation of trade secrets of the party that is the defaulter if the implementation of the infringement of trade secrets but did not cause damage to the right holder, still need to pay the contract agreed upon liquidated damages.

Infringement liability: infringement of trade secrets to the right to cause damage to the actual loss suffered by the amount of compensation, if the right to the actual loss is difficult to calculate, the infringer in the infringement of the profits gained during the period for compensation.

Administrative Liability

According to the relevant provisions of the Anti-Unfair Competition Law, when the infringement occurs, the victim may take the initiative to the Administration for Industry and Commerce to request for investigation:

1. Stopping the infringing behavior: For the infringing behavior, the supervisory and inspection department shall order the cessation of the illegal behavior.

2, fine: according to the circumstances of the infringement of trade secrets shall be imposed a fine of 10,000 yuan or more than 200,000 yuan.

Criminal Liability

The crime of infringing on trade secrets, the crime refers to the theft, inducement, coercion or other improper means to obtain the right to obtain trade secrets, or unlawful disclosure, use, or allow others to use the trade secrets in their possession or obtained, to the right to the trade secrets of the behavior of the significant loss. The "loss", including direct or indirect economic loss.

1, a natural person commits this crime, shall be sentenced to imprisonment of less than three years or detention, and or a single fine; cause particularly serious consequences, shall be sentenced to imprisonment of not less than three years and not more than seven years, and a fine.

2. If a unit commits this crime, the unit shall be sentenced to a fine, and its directly responsible supervisors and directly responsible persons shall be held criminally liable for measures in accordance with the above provisions.

And the leakage of pancake fruit recipe Liang, because first to Hebei a catering management limited company to pay the training fee, according to the actual situation of the dispute to consider, the court finally decided Liang to Hebei trauma catering management limited company to pay liquidated damages of 60,000 yuan.

Eventually, the leakage of trade secrets will also end up according to the actual situation and pay the price.

How to prevent it?

(1) Expressly state the scope of trade secrets covered by the contract that need to be kept confidential

(2) The counterparty to the contract, as well as any employee or agent of the counterparty to the contract, is bound by the confidentiality clause

(3) The person bound by the obligation of confidentiality may not disclose the trade secrets to any third party or use them for purposes other than those of the contract, without prior authorization. purpose of the contract

(4) The person bound by the obligation of confidentiality may not carry the information, documents, physical objects, etc. containing the confidential information out of the confidential area

(5) The person bound by the obligation of confidentiality may not involve the contents of the trade secrets under the contract in the course of accepting visits to the outside world or in the course of communicating with any third party

(6) The irrelevant employees may not have access to or learn about the trade secrets

( 7)Confidential information should be returned after the termination of the contract

(8)The term of confidentiality remains valid after the termination of the contract

(9)Violation of the confidentiality obligation should bear a clear breach of contract

And the hiring of a legal adviser will be the best way for a company to prevent and control risks beforehand, manage operational risks during the event, and eliminate hidden dangers.