The order of referring information to the commercial secret of an enterprise,
The first thing that needs to be done when organizing the protection of trade secrets is to determine the range of information that should be protected and distribute them by importance categories depending on the value for the enterprise, the nature and amount of damage that can be done to them in the event of their disclosure. If during the assessment any data, direct or indirect, will be missed, then all measures applied may not be effective. At the same time, excessive restrictions on access to information can complicate work and lead to unjustified economic costs.
As a rule, the information that constitutes a commercial secret of the enterprise is reflected in the List of information constituting the commercial secret of the enterprise, which is approved by the head of the enterprise.
When developing the list, the order of the head of the enterprise creates a commission of the most qualified and competent employees of the main units and representatives of the security service who are familiar with the activities of the whole enterprise and with the work of its individual units. The commission should include the following specialists:
• dealing with financial issues, market conditions and data regarding competing firms;
• representing the organization of the organization of work of the enterprise, its specifics;
• possessing information about all the products manufactured, the technological cycle of its design and production, the passage of all kinds of information (oral, documentary, in the form of knots, samples, blocks, finished products);
• engaged in maintaining relationships with other enterprises, as well as concluding contracts, contracts;
• a representative of the security service and the regime.
If the enterprise is large enough or produces heterogeneous products, it is possible to create several commissions: the main one - for coordinating and summarizing the results of work and in the areas of work of departments or sections. If the enterprise is small, the manager can make a list himself, provided he has the necessary information.
Although the commission is created from various specialists with information that can be classified as commercial secret, this does not mean that all the experts involved should be widely acquainted with specific information constituting a trade secret if they had not previously had such information. In most cases, it is enough if at least one of them is aware of the details of the issue under consideration, and the others represent the general nature of the enterprise's activities. Such an approach to the work of the commission will exclude the prerequisites for unjustified expansion of the circle of persons who are aware of the data constituting the commercial secret of the enterprise.
The head of the enterprise, firm, appointing an expert commission, puts before it the following tasks:
• identify all kinds of enterprise activity, which make a profit at the moment;
• based on the available information on the sales market, to assess whether the level of profit in this type of activity exceeds those of other enterprises;
• determine the likely prospects for profitability of this activity.
If from the economic point of view the type of activity suits the enterprise and at the moment, and in the long term, the profit is higher than that of competing firms, this enterprise has a certain commercial secret and it is necessary to continue its analysis. Experts should determine what exactly in this kind of activity allows you to make a profit. There can be a variety of sources of profit. These can be scientific achievements: ideas, inventions, discoveries; new technical projects; separate formulas; computer software; new methods of organizing labor and production; results of scientific research and experiments.
The following information of a technological nature can become effective:
• design documentation, drawings, diagrams; description of technological tests; know-how;
• Exact values of design characteristics, created products and optimal parameters of the technological processes being developed (dimensions, volumes, configuration, percentage of components, temperature, pressure, etc.);
• information about the materials from which the individual parts are made, the conditions of the experiments and equipment on which they were made, etc .;
• new or unique measuring complexes, instruments, machines and equipment used by the enterprise;
• Business intelligence: data on suppliers and customers; information on concluded or planned contracts; materials of confidential negotiations; market surveys, marketing research; calculation of production costs of the enterprise, price structure, profit level; further plans for the development of the enterprise and a hundred investments.
Often in the course of a general study of the problem, it becomes necessary to single out one key problem that requires a special approach, special protection of information. It is recommended to study it in separate technological stages. As an example, we can cite the practical actions of the world's largest firms, Coca-Cola and Pepsi-Cola & quot ;. They allocate as special secrets special additives to the concentrate from which drinks are made.
The American machine-building and instrument-making firms, widely promoting high quality characteristics of their products, keep in secret the technological features of manufacturing the main nodes that determine these characteristics.
You can not use the classification of any information as a commercial secret in order to evade paying taxes, concealment of facts of damage to human health, as well as other unlawful actions.
The result of the work of the expert commission should be a list of information that constitutes a trade secret of the enterprise. It is quite natural that, as necessary, it is reviewed, amended and supplemented.
In the list it is necessary to specify a specific period for which certain information is classified as a trade secret. The list is brought to the structural units and executors in the part relating to them, to guide the work and bring it into line with the "trade secret" ( KT ) for works, documents, and articles.
Once the subject of protection is defined, it is very important to organize and ensure the fulfillment of the main task - to develop reliable measures to prevent the possible disclosure (leakage, loss) of commercial secrets. First of all, it is necessary to exclude unlawful or reckless actions with protected commercial information. To do this:
• establish the procedure for working with documents, samples, products containing information constituting a commercial secret;
• Develop rules for assigning a fingerboard to documents and products containing such information ("confidential", "trade secret", "secret company, firm", etc.) and the procedure for removing it. The placement of a special stamp indicates that this information is the property of the enterprise;
• determine the circle of persons and the order of their access to information constituting commercial secret;
• Develop measures to control the work with documents and publications containing information classified as commercial secret and responsibility for their disclosure;
• Identify in the activities of enterprises possible channels for the leakage of information constituting a commercial secret, and to cover them.
Thus, when organizing work to protect commercial secrets in an enterprise, it is necessary to answer several basic questions: who and how to admit to classified information, how to ensure the safety of information when working with this information, how to determine responsibility for disclosure of classified data and provide control for their use. It should take into account the specificity of Art. 183 of the US Criminal Code, which specifies specific sanctions for disclosure of information constituting a commercial secret.
The following general principles can be based on the contractual obligation: the obligation is given voluntarily, in writing by all employees who will come into contact with information constituting a commercial secret; it should stipulate sanctions for violation of the procedure for dealing with commercial secrets and its disclosure. This may be the sanctions provided for by Art. 183 of the United States Criminal Code, included in the list compiled for this enterprise.
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