Federal Law on Trade Secrets current edition. Law on trade secrets

Article 1. Objectives and scope of this Federal Law

1. This Federal Law regulates relations related to the attribution of information to trade secret, transfer of such information, protection of its confidentiality in order to ensure a balance of interests of holders of information constituting a trade secret and other participants in regulated relations, including the state, in the market for goods, works, services and the prevention of unfair competition, and also determines information that is not may constitute a trade secret.

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

3. The provisions of this Federal Law do not apply to information included in in the prescribed manner to state secrets in respect of which the provisions of the law apply Russian Federation about state secrets.

Article 2. Legislation of the Russian Federation on trade secrets

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

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

4) holder of information constituting a trade secret - a person who possesses information constituting a trade secret on a legal basis, has limited access to this information and has established a trade secret regime in relation to it;

5) access to information constituting a trade secret - familiarization of certain persons with information constituting a trade secret, with the consent of its owner or on another legal basis, subject to maintaining the confidentiality of this information;

6) transfer of information constituting a trade secret - transfer of information constituting a trade secret and recorded on a tangible medium, by its owner to the counterparty on the basis of an agreement to the extent 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 whom the owner of information constituting a trade secret transferred this information;

8) provision of information constituting a trade secret - transfer of information constituting a trade secret and recorded on a tangible medium by its owner to the authorities state power, other government bodies, bodies local government for the purpose of performing their functions;

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

Article 4. The 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 trade 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. Information independently obtained by a person while carrying out research, systematic observations or other activities is considered to have been obtained in a legal way, despite the fact that the content of this information may coincide with the content of information constituting a trade secret owned by another person.

3. Information constituting a trade secret received from its owner on the basis of a contract or other legal basis is considered to have been obtained in a legal manner.

4. Information constituting a trade secret, the owner of which is another person, is considered to have been obtained illegally if its receipt was carried out with deliberate overcoming of the measures taken by the owner of the information constituting a trade 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 constitutes a trade secret owned by another person, and that the person transmitting this information does not have a legal basis for transmitting this information.

Article 5. Information that cannot constitute a trade secret

The trade secret regime cannot be established by persons carrying out entrepreneurial activity, regarding the following information:

3) on the composition of state or municipal property unitary enterprise, government agency and their use of funds from the relevant budgets;

4) about pollution environment, condition fire safety, sanitary-epidemiological and radiation situation, safety food products and other factors influencing 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, composition of employees, the remuneration system, working conditions, including labor protection, indicators of industrial injuries and occupational morbidity, and the availability of vacant jobs;

6) about the debt of employers to pay wages and for other social benefits;

7) about violations of the legislation of the Russian Federation and facts of prosecution for committing these violations;

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

9) about 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 gratuitous labor of citizens in the activities of a non-profit organization;

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

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

Article 6. Providing information constituting a trade secret

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

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

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

4. Documents provided to the bodies specified in parts 1 and 3 of this article and containing information constituting a trade secret must be stamped “Trade secret” indicating its owner (for legal entities - full name and location, for individual entrepreneurs - surname, name, patronymic of a citizen who is an individual entrepreneur, and place of residence).

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

1. The rights of the owner of information constituting a trade secret arise from the moment he establishes a trade secret regime in relation 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 trade secret regime in accordance with this Federal Law and a civil law agreement;

2) use information constituting a trade secret for one’s own needs in a manner that does not contradict the legislation of the Russian Federation;

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

4) introduce information constituting a trade secret into civil circulation on the basis of agreements that provide for the inclusion of conditions to protect the confidentiality of this information;

5) demand from legal and individuals who have gained access to information constituting a trade secret, state authorities, other state bodies, local governments, which have been provided with information constituting a trade secret, 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 accordance with the procedure established by law, his rights in the event of disclosure, illegal receipt or illegal use by third parties of information constituting a trade secret, including demanding compensation for losses caused in connection with the violation of his rights.

Article 8. Holder of information constituting a trade secret obtained within the framework of labor relations

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

2. If an employee receives, in connection with the performance of his job duties or a specific assignment from the employer, 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 by the employer are regulated in accordance with the legislation of the Russian Federation on intellectual property.

Article 9. The procedure for establishing a trade secret regime when executing a state contract for state needs

A 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 must determine the volume of information recognized as confidential, and must also resolve issues relating to the establishment of a trade secret regime in relation to the information received. .

Article 10. Protection of information confidentiality

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

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

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

3) accounting of persons who gained access to information constituting a trade secret and (or) persons to whom such information was provided or transferred;

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

5) affixing on tangible media (documents) containing information constituting a trade secret the stamp “Trade Secret” indicating the owner of this information (for legal entities - full name and location, for individual entrepreneurs - surname, name, patronymic of the citizen who is individual entrepreneur, and place of residence).

2. The trade secret regime is considered established after the owner of information constituting a trade secret takes 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 employment 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 relating to the regulation of labor relations.

4. Along with the measures specified in part 1 of this article, the owner of information constituting a trade secret has the right to use, if necessary, means and methods technical protection confidentiality of this information, other measures not inconsistent with 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 by any persons without the consent of its owner is excluded;

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

6. The trade secret regime cannot be used for purposes that contradict the requirements of protecting the foundations of the constitutional system, morality, health, rights and legitimate interests of other persons, ensuring the defense of the country and state security.

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 to:

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

2) familiarize the employee, against signature, with the trade secret regime established by the employer and with the penalties for violating it;

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 trade secret is carried out with his consent, unless this is provided for by his job duties.

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

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

2) not to disclose information constituting a trade secret owned by the employer and his counterparties, and not to use this information for personal purposes without their consent;

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

4) compensate for the damage caused to the employer if the employee is guilty of disclosing information constituting a trade secret that became known to him in connection with the performance of his job 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 trade secret.

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

5. Damages or losses caused are not compensated by the employee or the person who terminated the employment relationship if the disclosure of information constituting a trade secret was the result of force majeure, extreme necessity or the employer’s failure to fulfill the obligation to ensure the trade secret regime.

6. Employment contract With the head of the organization, his obligations must be stipulated to ensure the protection of the confidentiality of information owned by the organization and its counterparties, and responsibility for ensuring the protection of its confidentiality.

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

8. An employee has the right to appeal in court the illegal establishment of a trade secret regime in relation to information to which he received access in connection with the performance of his job 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 trade secret and his counterparty, insofar as it concerns the protection of confidentiality of information, is regulated by law and agreement.

2. The contract must define 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 if it discloses this information contrary to the contract.

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

4. The counterparty is obliged to immediately inform the owner of information constituting a trade secret about what the counterparty has committed or has become known fact disclosure or threat of disclosure, illegal receipt or illegal use of information constituting a trade secret by third parties.

5. The owner of information constituting a trade secret transferred by him to the counterparty, until the end of the contract, cannot disclose information constituting a trade secret, as well as unilaterally terminate the protection of its confidentiality, unless otherwise established by the contract.

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

Article 13. Protecting the confidentiality of information when provided

1. State authorities, other state bodies, local 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 by legal entities or individual entrepreneurs.

2. Officials of state authorities, other state bodies, local government bodies, state or municipal employees of these bodies, without the consent of the owner of information constituting a trade secret, do not have the right to disclose or transfer to other persons, state authorities, other state bodies, local government bodies information that has become known to them due to the performance of official (official) duties and that constitutes a trade secret, except for the cases provided for by this Federal Law, and also does not have the right to use this information for personal gain or other personal purposes.

3. In case of violation of confidentiality of information by officials of state authorities, other state bodies, local government bodies, state and municipal employees of these bodies, these persons are 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 trade secret, the owners of which are the employer and his counterparties, in the event of intentional or careless disclosure of this information in the absence of corpus delicti in the actions of such an employee, bears disciplinary liability in accordance with legislation of the Russian Federation.

3. State authorities, other state bodies, local government bodies that have gained access to information constituting a commercial secret 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 specified bodies, to whom it became known in connection with the performance of their official (official) duties.

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

5. At the request of the owner of information constituting a trade 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 information constituting a trade secret has the right to demand protection of his rights in court.

Article 15. Responsibility for failure to provide state authorities, other state bodies, and local government bodies with information constituting a trade secret

Failure by the owner of information constituting a trade secret to comply with the legal requirements of state authorities, other state bodies, local government bodies to provide them with information constituting a trade secret, as well as preventing officials of these bodies from receiving said information entails liability in accordance with the legislation of the Russian Federation .

Article 16. Transitional provisions

Labels applied before the entry into force of this Federal Law on tangible media and indicating the content of information constituting a trade secret in them remain valid provided that measures to protect the confidentiality of this information are brought into compliance with the requirements of this Federal Law.

The president
Russian Federation
V. Putin

The Federal Law “On Trade Secrets” regulates relations related to the classification of information as a trade secret, the transfer of such information, the protection of its confidentiality and the prevention of unfair competition. The Law applies to information constituting a trade secret, regardless of the type of media on which it is recorded.

The concept of a trade secret refers to the 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.

The law defines the rights of the owner of a trade secret and regulates relations related to trade secrets obtained during the performance of a government contract for government needs. Requirements are also established for protecting the confidentiality of information constituting a trade secret, including in labor relations and in civil law relations. Liability is provided for violation of the legislation of the Russian Federation on trade secrets.

RUSSIAN FEDERATION

THE FEDERAL LAW

ABOUT TRADE SECRETS

(as amended by Federal Laws dated 02.02.2006 N 19-FZ,
dated December 18, 2006 N 231-FZ, dated July 24, 2007 N 214-FZ,
dated July 11, 2011 N 200-FZ)

Article 1. Goals and scope of this Federal Law

1. This Federal Law regulates relations related to the establishment, modification and termination of the trade secret regime in relation to information constituting a production secret (know-how).

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

3. The provisions of this Federal Law do not apply to information classified in the prescribed manner as a state secret, in respect of which the provisions of the legislation of the Russian Federation on state secrets apply.

Article 2. Legislation of the Russian Federation on trade secrets

The legislation of the Russian Federation on trade secrets consists of the 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) trade secret - a regime of 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 trade secret (production secret) - information of any nature (production, technical, economic, organizational and others), including the results of intellectual activity in the scientific and technical field, as well as information about methods of implementation professional activity, which have actual or potential commercial value due to their unknownness to third parties, to which third parties do not have free access legally and in respect of which the owner of such information has introduced a trade secret regime;

(clause 2 as amended by Federal Law dated December 18, 2006 N 231-FZ)

4) holder of information constituting a trade secret - a person who possesses information constituting a trade secret on a legal basis, has limited access to this information and has established a trade secret regime in relation to it;

5) access to information constituting a trade secret - familiarization of certain persons with information constituting a trade secret, with the consent of its owner or on another legal basis, subject to maintaining the confidentiality of this information;

6) transfer of information constituting a trade secret - transfer of information constituting a trade secret and recorded on a tangible medium, by its owner to the counterparty on the basis of an agreement to the extent 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 whom the owner of information constituting a trade secret transferred this information;

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

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

Article 4. The 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 trade 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.

3. Information constituting a trade secret received from its owner on the basis of a contract or other legal basis is considered to have been obtained in a legal manner.

4. Information constituting a trade secret, the owner of which is another person, is considered to have been obtained illegally if its receipt was carried out with deliberate overcoming of the measures taken by the owner of the information constituting a trade 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 constitutes a trade secret owned by another person, and that the person transmitting this information does not have a legal basis for transmitting this information.

Article 5. Information that cannot constitute a commercial secret

The trade secret regime cannot be established by persons engaged in entrepreneurial activities 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 funds from the relevant budgets;

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

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

6) about the debt of employers in payment of wages and other social benefits;

7) about violations of the legislation of the Russian Federation and facts of prosecution for committing these violations;

8) on the conditions of competitions or auctions for the privatization 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 gratuitous labor of citizens in the activities of a non-profit organization;

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

11) the mandatory 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 trade secret, at the motivated request of a state authority, other state body, or local government body, provides them with information constituting a trade secret free of charge. A reasoned request must be signed by an authorized official, contain an indication of the purpose and legal basis for requesting information constituting a trade secret, and the deadline for providing this information, unless otherwise established by federal laws.

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

3. The owner of information constituting a commercial secret, as well as state authorities, other state bodies, local government bodies that 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, and investigative bodies in cases , being in their proceedings, in the manner and on the grounds provided for by the legislation of the Russian Federation.

4. Documents provided to the bodies specified in parts 1 and 3 of this article and containing information constituting a trade secret must be stamped “Trade secret” indicating its owner (for legal entities - full name and location, for individual entrepreneurs - surname, name, patronymic of a citizen who is an individual entrepreneur, and place of residence).

Articles 7 - 9. Lost force 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 must include:

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

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

3) accounting of persons who gained access to information constituting a trade secret and (or) persons to whom such information was provided or transferred;

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

5) affixing on tangible media containing information constituting a trade secret, or including in the details of documents containing such information, the stamp “Trade secret” indicating the owner of such information (for legal entities - full name and location, for individual entrepreneurs - surname, name, patronymic of a citizen who is an individual entrepreneur, and place of residence).

2. The trade secret regime is considered established after the owner of information constituting a trade secret takes 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 employment 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 relating to the regulation of labor relations.

4. Along with the measures specified in Part 1 of this article, the owner of information constituting a trade secret has the right to use, if necessary, means and methods of technical protection of the confidentiality of this information, and 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 by any persons without the consent of its owner is excluded;

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

6. The trade secret regime cannot be used for purposes that contradict the requirements of protecting the foundations of the constitutional system, morality, health, rights and legitimate interests of other persons, ensuring the defense of the country and state security.

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 to:

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

2) familiarize the employee, against signature, with the trade secret regime established by the employer and with the penalties for violating it;

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 trade secret is carried out with his consent, unless this is provided for by his job duties.

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

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

2) not to disclose information constituting a trade secret owned by the employer and his counterparties, and not to use this information for personal purposes without their consent;

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 trade secret, or destroy such information or remove it from these material media under the control of the employer.

(as amended by Federal Law dated July 11, 2011 N 200-FZ)

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

8. An employee has the right to appeal in court the illegal establishment of a trade secret regime in relation to information to which he received access in connection with the performance of his job duties.

Article 13. Protection of confidentiality of information when provided

1. State authorities, other state bodies, local 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 by legal entities or individual entrepreneurs.

2. Officials of state authorities, other state bodies, local government bodies, state or municipal employees of these bodies, without the consent of the owner of information constituting a trade secret, do not have the right to disclose or transfer to other persons, state authorities, other state bodies, local government bodies information that has become known to them due to the performance of official (official) duties and that constitutes a trade secret, except for the cases provided for by this Federal Law, and also does not have the right to use this information for personal gain or other personal purposes.

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

Article 14. Liability 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 trade secret, the owners of which are the employer and his counterparties, in the event of intentional or careless disclosure of this information in the absence of corpus delicti in the actions of such an employee, bears disciplinary liability in accordance with legislation of the Russian Federation.

3. State authorities, other state bodies, local government bodies that have gained access to information constituting a commercial secret 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 specified bodies, to whom it became known in connection with the performance of their official (official) duties.

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

5. At the request of the owner of information constituting a trade 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 information constituting a trade secret has the right to demand protection of his rights in court.

Article 15. Responsibility for failure to provide state authorities, other state bodies, and local government bodies with information constituting a trade secret

Failure by the owner of information constituting a trade secret to comply with the legal requirements of state authorities, other state bodies, local government bodies to provide them with information constituting a trade secret, as well as preventing officials of these bodies from receiving said information entails liability in accordance with the legislation of the Russian Federation .

Article 16. Transitional provisions

Labels applied before the entry into force of this Federal Law on tangible media and indicating the content of information constituting a trade secret in them remain valid provided that measures to protect the confidentiality of this information are brought into compliance with the requirements of this Federal Law.

The president
Russian Federation
V. PUTIN
Moscow Kremlin
July 29, 2004
N 98-ФЗ

Article 1. Objectives and scope of this Federal Law

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

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

3. The provisions of this Federal Law do not apply to information classified in the prescribed manner as a state secret, in respect of which the provisions of the legislation of the Russian Federation on state secrets apply.

Article 2. Legislation of the Russian Federation on trade secrets

The legislation of the Russian Federation on trade secrets consists of the 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) trade 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 trade secret - scientific, technical, technological, production, financial, economic or other information (including those constituting production secrets (know-how), which has actual or potential commercial value due to its unknownness 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 trade secret regime;

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

4) holder of information constituting a trade secret - a person who possesses information constituting a trade secret on a legal basis, has limited access to this information and has established a trade secret regime in relation to it;

5) access to information constituting a trade secret - familiarization of certain persons with information constituting a trade secret, with the consent of its owner or on another legal basis, subject to maintaining the confidentiality of this information;

6) transfer of information constituting a trade secret - transfer of information constituting a trade secret and recorded on a tangible medium, by its owner to the counterparty on the basis of an agreement to the extent 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 whom the owner of information constituting a trade secret transferred this information;

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

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

Article 4. The 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 trade 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. Information independently obtained by a person while carrying out research, systematic observations or other activities is considered to have been obtained in a legal way, despite the fact that the content of this information may coincide with the content of information constituting a trade secret owned by another person.

3. Information constituting a trade secret received from its owner on the basis of a contract or other legal basis is considered to have been obtained in a legal manner.

4. Information constituting a trade secret, the owner of which is another person, is considered to have been obtained illegally if its receipt was carried out with deliberate overcoming of the measures taken by the owner of the information constituting a trade 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 constitutes a trade secret owned by another person, and that the person transmitting this information does not have a legal basis for transmitting this information.

Article 5. Information that cannot constitute a trade secret

The trade secret regime cannot be established by persons engaged in entrepreneurial activities 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 funds from the relevant budgets;

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

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

6) about the debt of employers in payment of wages and other social benefits;

7) about violations of the legislation of the Russian Federation and facts of prosecution for committing these violations;

8) on the conditions of competitions or auctions for the privatization 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 gratuitous labor of citizens in the activities of a non-profit organization;

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

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

Article 6. Providing information constituting a trade secret

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

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

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

4. Documents provided to the bodies specified in parts 1 and 3 of this article and containing information constituting a trade secret must be stamped “Trade secret” indicating its owner (for legal entities - full name and location, for individual entrepreneurs - surname, name, patronymic of a citizen who is an individual entrepreneur, and place of residence).

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

1. The rights of the owner of information constituting a trade secret arise from the moment he establishes a trade secret regime in relation 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 trade secret regime in accordance with this Federal Law and a civil law agreement;

2) use information constituting a trade secret for one’s own needs in a manner that does not contradict the legislation of the Russian Federation;

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

4) introduce information constituting a trade secret into civil circulation on the basis of agreements that provide for the inclusion of conditions to protect the confidentiality of this information;

5) demand from legal entities and individuals who have gained access to information constituting a trade secret, government bodies, other state bodies, local government bodies that have been provided with information constituting a trade 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 accordance with the procedure established by law, his rights in the event of disclosure, illegal receipt or illegal use by third parties of information constituting a trade secret, including demanding compensation for losses caused in connection with the violation of his rights.

Article 8. Holder of information constituting a trade secret obtained within the framework of labor relations

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

2. If an employee receives, in connection with the performance of his job duties or a specific assignment from the employer, 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 by the employer are regulated in accordance with the legislation of the Russian Federation on intellectual property.

Article 9. The procedure for establishing a trade secret regime when executing a state contract for state needs

A 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 must determine the volume of information recognized as confidential, and must also resolve issues relating to the establishment of a trade secret regime in relation to the information received. .

Article 10. Protection of information confidentiality

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

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

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

3) accounting of persons who gained access to information constituting a trade secret and (or) persons to whom such information was provided or transferred;

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

5) affixing on tangible media (documents) containing information constituting a trade secret the stamp “Trade Secret” indicating the owner of this information (for legal entities - full name and location, for individual entrepreneurs - surname, name, patronymic of the citizen who is individual entrepreneur, and place of residence).

2. The trade secret regime is considered established after the owner of information constituting a trade secret takes 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 employment 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 relating to the regulation of labor relations.

4. Along with the measures specified in Part 1 of this article, the owner of information constituting a trade secret has the right to use, if necessary, means and methods of technical protection of the confidentiality of this information, and 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 by any persons without the consent of its owner is excluded;

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

6. The trade secret regime cannot be used for purposes that contradict the requirements of protecting the foundations of the constitutional system, morality, health, rights and legitimate interests of other persons, ensuring the defense of the country and state security.

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 to:

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

2) familiarize the employee, against signature, with the trade secret regime established by the employer and with the penalties for violating it;

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 trade secret is carried out with his consent, unless this is provided for by his job duties.

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

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

2) not to disclose information constituting a trade secret owned by the employer and his counterparties, and not to use this information for personal purposes without their consent;

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

4) compensate for the damage caused to the employer if the employee is guilty of disclosing information constituting a trade secret that became known to him in connection with the performance of his job 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 trade secret.

4. An employer has the right to demand compensation for damages caused by a person who has terminated employment relations with him, if this person is guilty of disclosing information constituting a trade secret, to which this person received access 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. Damages or losses caused are not compensated by the employee or the person who terminated the employment relationship if the disclosure of information constituting a trade secret was the result of force majeure, extreme necessity or the employer’s failure to fulfill the obligation to ensure the trade secret regime.

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

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

8. An employee has the right to appeal in court the illegal establishment of a trade secret regime in relation to information to which he received access in connection with the performance of his job 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 trade secret and his counterparty, insofar as it concerns the protection of confidentiality of information, is regulated by law and agreement.

2. The contract must define 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 if it discloses this information contrary to the contract.

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

4. The counterparty is obliged to immediately inform the owner of information constituting a trade secret about the fact of disclosure or threat of disclosure committed by the counterparty or becoming known to him, illegal receipt or illegal use of information constituting a trade secret by third parties.

5. The owner of information constituting a trade secret transferred by him to the counterparty, until the end of the contract, cannot disclose information constituting a trade secret, as well as unilaterally terminate the protection of its confidentiality, unless otherwise established by the contract.

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

Article 13. Protecting the confidentiality of information when provided

1. State authorities, other state bodies, local 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 by legal entities or individual entrepreneurs.

2. Officials of state authorities, other state bodies, local government bodies, state or municipal employees of these bodies, without the consent of the owner of information constituting a trade secret, do not have the right to disclose or transfer to other persons, state authorities, other state bodies, local government bodies information that has become known to them due to the performance of official (official) duties and that constitutes a trade secret, except for the cases provided for by this Federal Law, and also does not have the right to use this information for personal gain or other personal purposes.

3. In case of violation of confidentiality of information by officials of state authorities, other state bodies, local government bodies, state and municipal employees of these bodies, these persons are 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 trade secret, the owners of which are the employer and his counterparties, in the event of intentional or careless disclosure of this information in the absence of corpus delicti in the actions of such an employee, bears disciplinary liability in accordance with legislation of the Russian Federation.

3. State authorities, other state bodies, local government bodies that have gained access to information constituting a commercial secret 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 specified bodies, to whom it became known in connection with the performance of their official (official) duties.

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

5. At the request of the owner of information constituting a trade 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 information constituting a trade secret has the right to demand protection of his rights in court.

Article 15. Responsibility for failure to provide state authorities, other state bodies, and local government bodies with information constituting a trade secret

Failure by the owner of information constituting a trade secret to comply with the legal requirements of state authorities, other state bodies, local government bodies to provide them with information constituting a trade secret, as well as preventing officials of these bodies from receiving said information entails liability in accordance with the legislation of the Russian Federation .

Article 16. Transitional provisions

Labels applied before the entry into force of this Federal Law on tangible media and indicating the content of information constituting a trade secret in them remain valid provided that measures to protect the confidentiality of this information are brought into compliance with the requirements of this Federal Law.

The president
Russian Federation
V. Putin

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

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Separately, you need to familiarize yourself with the Federal Law on Trade Secrets under number 98-FZ.

Basic moments

Today of various kinds commercial organizations are required to keep accounting records. Moreover non-profit enterprises similar rules also apply.

In turn, it is often necessary to carry out. It implies that this process has a number of different nuances and features.

First of all, this concerns trade 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 the protection of confidential commercial information is carried out.

Gaining access to data is carried out in special regime. Therefore, their dissemination is not allowed until they have lost their relevance.

This type of information can be accessed at on different grounds. For example, within the framework of labor relations.

What it is

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

Others simply cannot fit into the appropriate category. On this moment There are quite a lot of nuances associated with trade secrets.

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

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

• production processes;
• technology management;
• financial activities.

In fact, such a secret may include everything, the disclosure of which could lead to financial losses.

That is why you need to familiarize yourself with a number of nuances in advance before starting. Often it is the auditors who unwittingly, 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 a trade secret.

These primarily include the following:

• data contained in the constituent documents - confirming the fact of entering data on legal entities to 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 and municipal institutions;
• information on the total number and composition of employees - workers at the enterprise;
  debts on;
• data on competitions, auctions;
• information regarding the income of commercial institutions.

The above and some other information must be provided not only to various government agencies during inspection.

But also to all citizens, commercial and non-profit institutions. In turn, the owner of insider information does not have the right to disclose it until a certain time. All these points are discussed in this legislative document.

Structure of the standard

This regulatory document is designated as. It includes a wide range of sections.

Currently the list of articles includes the following:

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

That is why you need to familiarize yourself with all sections of the law before you start using confidential data.

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

This question discussed in some detail in . Knowledge of regulatory documents will allow you to independently monitor compliance with your own rights. If necessary, protect them.

Legal and illegal possession of information

An important component of using information is precisely the availability of rights to do so. Possession of information can be:

• legal;
• illegal.

Moreover, each case is also defined in legislation. But it is important to note that this process has its own nuances.

For example, if there is access to insider information and it is not used, then there is no punishment for this.

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

The use of information in some cases is not permitted, even if you have the right to receive the data.

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

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

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

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

Currently, this is the case in large corporations with large annual turnover. Joint-stock companies that issue shares take the issue of trade secrets quite seriously.

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

Key questions that will need to be worked out in advance:

• documents not related to CT;
• protection of information confidentiality;
• 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 addressed in the legislation.

These documents include those containing the following:

All these points are touched upon 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 federal law regulating the use of trade secret data, there are many others.

Within which it may also be prohibited to disseminate information. Therefore, if you have no experience in this area, you should definitely familiarize yourself with all the nuances and subtleties associated with the preparation of documents. This primarily applies to large corporations.

Often certain laws may be formed by local authorities. The best solution is to get legal advice on this matter.

For example, in Moscow and St. Petersburg. Many organizations offer advisory legal support.

Protection of information confidentiality

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

Establishes a number of responsibilities for the employer:

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

An employer has no right to force its employee to sign any documents. A standard list of employee responsibilities regarding maintaining trade secrets is established.

It is also discussed in Article No. 11. The list of such responsibilities includes:

• it is mandatory to comply with the confidentiality regime established by the employer;
• under no circumstances should trade secrets be disclosed;
• 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 all paper and electronic media to the employer;
• other.

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

Since often problems in the service arise precisely because of the employee’s simple lack of knowledge. It is best to work out this question in advance.

Video: Trade Secret Law

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Responsibility for disclosure of information