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Business Duty Officer

Privacy Protection, what to do business

Privacy Protection, what to do business

Under the legal mechanisms of information protection, we understand the legal consolidation of the company's relationship, states, citizens in order to determine the legality of using information, which has some value (value for organizations, usually, a commercial).

There are several ways to ensure the security of such information.:

1. Maintaining official secrecy.

According to Presidential Decree No. 188 "On Approval of the List of Confidential Information", business secrets mean information, of special value, access to which is limited by the state bodies of the Russian Federation in accordance with the current legislation.

2. Introduction of trade secret regime.

In accordance with Art.. 3 Federal Law "On Trade Secrets" No. 98-FZ, trade secret means the regime of restriction of use, transmission and dissemination of information, which allows its owner to receive tangible or intangible benefits. This method of protecting information is most common for companies.. Therefore, many organizations resort to the introduction of a trade secret regime. Despite the lack of registration, in art. 10 Law N 98-FZ outlines the mandatory conditions for the introduction of such a regime and its operation. In particular, is the creation of a list of meaningful information, not to be disclosed; establishing the procedure for handling such information, including the development of a system for registering persons, having access. Usually, employees are offered to separately conclude confidentiality agreements or sign an acquaintance with the confidentiality statement. It is also mandatory to establish a secrecy stamp on material media, containing confidential information. Worth understanding, that the duration of the trade secret regime is very much dependent on the interest of the organization itself. That is, it is necessary not only, mark and classify information, but also actively participate in maintaining confidentiality. These may be purely technical or organizational measures.. For iexample, protection of information from leakage, from unauthorized influence.

3. Know how (know-how)

The introduction of a production secret very often accompanies the existence of a trade secret.. A trade secret represents secret information (having commercial value), which are subject to the exclusive right due to the existence of protection of this information by introducing trade secrets. The law and practice also indicate the list of, what can be the subject of know-how. For example, according to No. A71-23503/2018 technical specifications cannot constitute a know-how subject. The characteristic of a production secret is that, that it is subject to intellectual property and is subject to an exclusive right, consequently, its exclusivity can be protected by special means, provided for in 4 parts of the Civil Code.

4. banking secrecy

Completely defined by law. Such a mystery covers everything, with regard to cooperation between the client and the credit institution. Almost all documents, filed and signed at the conclusion of the contract, fall into the classified information section.

5. Other types of secrets.

Often based on professional activity and have a legal similarity with banking secrecy, as they are aimed at preserving confidential information (lawyer, notarial secret). Recently, some changes have been made to the provisions on tax secrecy with the introduction of the Federal Law dated 01.05.2022 №120-FZ. Relevant additions expanded the list of situations, which will not be considered disclosure of tax secrets, however, the new rules will come into effect only with 1 August 2022 y. With regard to the legalization of provisions on measures of protection, then they are mandatory for internal regulatory documents. The legal basis for protecting privacy is laid down in statutes, orders, internal labor regulations, contracts and employment contracts. In the collective agreement or labor agreement, a separate clause stipulates the obligation of the employee. Despite the basing of the main provisions in federal laws, each company actively accompanies maintaining the confidentiality of its information and developing systematic protection against possible leaks. There is a fairly fine line between the illegal distribution of confidential information and classified information., which became known "in good faith" due to the lack of discretion of officials and persons, having access to it. Since in the second situation information may lose its status, which can have a critical impact on the performance of the organization.

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