Responsibility for disclosure of commercial secrets
Posted: Sun Dec 22, 2024 8:05 am
Disclosure of classified business data can have serious consequences not only for the company, but also for the individuals responsible for compromising the classified information.
How to prove the fact of disclosure of classified information?
The following evidence must be provided:
Documents confirming that the information was indeed a commercial secret.
Evidence that steps have been taken to protect this information.
Evidence of disclosure (e.g. email correspondence, witness statements, video recordings).
Confirmation of a causal relationship mexico whatsapp number between the disclosure and the resulting negative consequences.
Who is responsible for the information leak?
Responsibility may be borne by:
Company employees who had access to the information.
Former employees, if the compromise occurred after their dismissal.
Counterparties, if information was transferred to them within the framework of cooperation.
Company executives, if they have failed to ensure proper protection of proprietary information.
Who determines how serious an information leak is?
The company that owns the information itself assesses the severity of the leak. However, the final decision on the severity of the breach and the corresponding liability is made by the court based on the evidence provided and expert assessments.
Types of liability for illegal disclosure of corporate secrets
Criminal liability
Criminal liability is provided for by Article 183 of the Criminal Code of the Russian Federation. It occurs in cases where a person's actions caused major damage or were committed out of selfish interest. Punishment may include fines, forced labor, or imprisonment for up to 7 years.
Administrative responsibility
Administrative liability may arise under Article 13.14 of the Code of Administrative Offenses of the Russian Federation for disclosure of restricted information. Penalties include fines for citizens, officials and legal entities.
Types of liability for illegal disclosure of corporate secrets
Source: shutterstock.com
Disciplinary responsibility
The employer may apply disciplinary sanctions to the guilty employee. This may be a reprimand, a warning or dismissal on the appropriate grounds.
Civil liability
The guilty party may be held civilly liable. This implies compensation for damages caused to the company as a result of the dissemination of classified information.
Dismissal for illegal distribution of corporate information
The Labor Code of the Russian Federation (subparagraph "c" of paragraph 6 of part 1 of article 81) provides for the possibility of dismissal of an employee for disclosure of a secret protected by law that became known to the employee in connection with the performance of his work duties.
It is important to note that for a lawful dismissal to be carried out, a number of conditions must be met:
The presence of an approved regulation on commercial secrets in the company.
Proof that the employee is familiar with this provision.
Signing of a non-disclosure agreement by an employee.
Proof of disclosure.
The liability for disclosing confidential company information can be very serious. Therefore, it is recommended to conduct regular training of employees on the rules for handling such information.
And of course, it is necessary to ensure reliable protection of valuable corporate information by taking all necessary measures.
Case: VT-metall
Find out how we reduced the cost of attracting an application by 13 times for a metalworking company in Moscow
Find out how
Methods of protection against disclosure of confidential company information
Protecting valuable corporate data is a complex process that requires a systematic approach. Let's look at the main methods and strategies that will help an enterprise keep its secrets.
How to prove the fact of disclosure of classified information?
The following evidence must be provided:
Documents confirming that the information was indeed a commercial secret.
Evidence that steps have been taken to protect this information.
Evidence of disclosure (e.g. email correspondence, witness statements, video recordings).
Confirmation of a causal relationship mexico whatsapp number between the disclosure and the resulting negative consequences.
Who is responsible for the information leak?
Responsibility may be borne by:
Company employees who had access to the information.
Former employees, if the compromise occurred after their dismissal.
Counterparties, if information was transferred to them within the framework of cooperation.
Company executives, if they have failed to ensure proper protection of proprietary information.
Who determines how serious an information leak is?
The company that owns the information itself assesses the severity of the leak. However, the final decision on the severity of the breach and the corresponding liability is made by the court based on the evidence provided and expert assessments.
Types of liability for illegal disclosure of corporate secrets
Criminal liability
Criminal liability is provided for by Article 183 of the Criminal Code of the Russian Federation. It occurs in cases where a person's actions caused major damage or were committed out of selfish interest. Punishment may include fines, forced labor, or imprisonment for up to 7 years.
Administrative responsibility
Administrative liability may arise under Article 13.14 of the Code of Administrative Offenses of the Russian Federation for disclosure of restricted information. Penalties include fines for citizens, officials and legal entities.
Types of liability for illegal disclosure of corporate secrets
Source: shutterstock.com
Disciplinary responsibility
The employer may apply disciplinary sanctions to the guilty employee. This may be a reprimand, a warning or dismissal on the appropriate grounds.
Civil liability
The guilty party may be held civilly liable. This implies compensation for damages caused to the company as a result of the dissemination of classified information.
Dismissal for illegal distribution of corporate information
The Labor Code of the Russian Federation (subparagraph "c" of paragraph 6 of part 1 of article 81) provides for the possibility of dismissal of an employee for disclosure of a secret protected by law that became known to the employee in connection with the performance of his work duties.
It is important to note that for a lawful dismissal to be carried out, a number of conditions must be met:
The presence of an approved regulation on commercial secrets in the company.
Proof that the employee is familiar with this provision.
Signing of a non-disclosure agreement by an employee.
Proof of disclosure.
The liability for disclosing confidential company information can be very serious. Therefore, it is recommended to conduct regular training of employees on the rules for handling such information.
And of course, it is necessary to ensure reliable protection of valuable corporate information by taking all necessary measures.
Case: VT-metall
Find out how we reduced the cost of attracting an application by 13 times for a metalworking company in Moscow
Find out how
Methods of protection against disclosure of confidential company information
Protecting valuable corporate data is a complex process that requires a systematic approach. Let's look at the main methods and strategies that will help an enterprise keep its secrets.