Publication date: 08.06.2024
Legal aspects of trade secret and confidential information protection
Introduction
In today's world, information is becoming one of the most valuable assets of any enterprise. The protection of trade secrets and confidential information plays an important role in ensuring the competitiveness and security of the business. In Ukraine, the protection of trade secrets is regulated by a number of legal acts. In this article, we will review the main legal aspects of trade secret and confidential information protection in Ukraine, as well as the problems and prospects for their improvement.
Legal framework
The Civil Code of Ukraine:
- Defines general principles of protection of information that is a trade secret and establishes liability for its unlawful disclosure.
Commercial Code of Ukraine:
- Defines a trade secret as information that has commercial value due to the fact that it is unknown to third parties and is subject to measures to keep it secret.
The Law of Ukraine "On Protection against Unfair Competition":
- Regulates the protection of trade secrets from unfair competition, including the misuse of business reputation and the creation of obstacles to business activities.
The Law of Ukraine "On Information":
- Establishes general principles of information protection, including commercial secrets, and defines the procedure for access to information.
The Law of Ukraine "On the Basic Principles of Ensuring Cybersecurity of Ukraine":
- Regulates cybersecurity, which is an important aspect of protecting confidential information in the context of business digitalization.
The main problems of protecting trade secrets and confidential information
Insufficient legal regulation:
- Ukrainian legislation is not always sufficiently detailed with respect to specific aspects of trade secret protection, which creates legal uncertainty.
Lack of clear internal policies:
- Many companies do not have clearly defined internal policies for protecting trade secrets, which increases the risk of their disclosure.
Cyber threats:
- The growing number of cyber threats and insufficient cybersecurity at enterprises pose significant risks to the protection of confidential information.
Low legal culture:
- Insufficient legal culture and awareness of the importance of protecting trade secrets among employees contributes to their disclosure.
Prospects for improving legal regulation
Development of detailed regulatory acts:
- More detailed regulations governing the protection of trade secrets and confidential information, including specific mechanisms and procedures, should be developed.
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Implementation of internal policies:
- Businesses should develop and implement internal policies and procedures to protect trade secrets, including employee training.
Strengthening cybersecurity:
- It is important to implement modern technologies and cybersecurity measures, including regular audits of information security systems.
