Companies and entrepreneurs may be required to answer for

[Роберт]

Something I misunderstood the text. It seems to me that the “inspector” from law enforcement agencies has the right to get acquainted with all materials, including documents containing trade secrets in full. What does the Regulation have to do with it? It generally does not seem to be provided for by the Law on Commercial Secrets.

 

[частный детектив СПб Санкт- Петербург]

Something I misunderstood the text. It seems to me that the “inspector” from law enforcement agencies has the right to get acquainted with all materials, including documents containing trade secrets in full. What does the Regulation have to do with it? It generally does not seem to be provided for by the Law on Commercial Secrets.

It is they who provide:

Section 10. Protection of Confidentiality of Information
1. Measures to protect the confidentiality of information taken by its owner should include:
1) definition of a list of information constituting a trade secret;

Well, about the hook:

Article 6. Providing information constituting a trade secret
1. The holder of information constituting a trade secret, on motivated at the request of a state authority, other state body, local government provides them free of charge information constituting a trade secret. A motivated 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 time period for the provision of this information, unless otherwise provided by federal laws.

2. In case of refusal of the holder of information constituting a commercial secret to provide it to a state authority, other state body, or local government body, these bodies are entitled to request this information in a judicial proceeding.

So everything is in court.
And all the hooks bye !!!!!!!
Unless they are interested in a set of information:

1) contained in the constituent documents of a legal entity, documents confirming the fact of making entries about legal entities and individual entrepreneurs in the relevant state registers;

2) contained in documents giving the right to carry out entrepreneurial activity;

3) on the composition of property of a state or municipal unitary enterprise, state institution and on their use of funds from the respective budgets;

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

5) the number, composition of employees, the wage system, working conditions, including labor protection, occupational injuries and occupational morbidity, and the availability of jobs;

6) on the debts of employers for the payment of wages and other social benefits;

7) on violations of the legislation of the Russian Federation and the facts of bringing to responsibility for the commission of these violations;

8) on the terms of tenders or auctions for the privatization of state or municipal property;

9) on the size and structure of the income of non-profit organizations, on the size and composition of their property, on their costs, on the number and salary 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 entitled to act without a power of attorney on behalf of the legal entity;

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

Voooot.
Interesting, call - I will tell.

Respectfully,
Alexey Trofimov.

 

[Частный детектив Нижний Новгород]

Alexei, I certainly agree with you, but let's add to everything written the principle of freedom of contract and the inadmissibility of arbitrary interference by anyone in private affairs, then everything falls into place. In other words, information disclosure i.e. non-compliance with conf-sti may lead to a violation of the rights of the counterparty - and this is already a violation of the principles of civil law.
Therefore, everything is logical, based on the freedom of contract, in order to comply with the rights and interests of the counterparty, information is closed.
By the way - this rule is enshrined in paragraph 8 of Article 7 of our law "Divulge collected during .....".
Sincerely, Vladimir

 

[Роберт]

The court is nonsense. Read more articles on countering the legal requirements of law enforcement officials.

 

[Краев Евгений Леонидович]

The court is nonsense. Read more articles on countering the legal requirements of law enforcement officials.

Robert, here I agree with Alexei. Refusal to a state body, incl. law enforcement, in the provision of information constituting a trade secret, is not a way of counteracting this body, but only constitutes a PROVISED BY LAW mechanism for protecting an entrepreneur from UNMOTIVATED actions by such a government agency. Aleksey is right, and law enforcement agencies can be denied, while absolutely legally, just as these authorities and the entrepreneurs themselves in our country are still poorly familiar with the mechanisms of such protection, including and trade secrets. Since Soviet times, we have been accustomed - a policeman came, please be kind to the paws up ... But in many countries, the police ask for information about the commercial activities of organizations in court. Indeed, even the company's customer base in the event of its unauthorized disclosure can cause serious damage to the company. Let's change our mentality, let us know and be able to protect ourselves and our business!

 

[Роберт]

Then you need an exhaustive list of information constituting a trade secret. Where is he?

 

[Краев Евгений Леонидович]

Then you need an exhaustive list of information constituting a trade secret. Where is he?

Robert, do not forget that we have democratic legislation: D The Law "On Trade Secrets" provides an exhaustive list of information that cannot be classified as trade secrets, I can attribute all other information to trade secrets, naturally fulfilling a number of requirements prescribed by law.

 

[Роберт]

This is absurd.

 

[Краев Евгений Леонидович]

This is absurd.

Robert, why is the basic democratic principle absurd? Here you are a citizen, woke up in the morning, left the house, and ... remembered an exhaustive list of your rights? In accordance with the basic principles of the legal system in a country with a democratic regime, if the law does not establish a list of information that can be classified as a trade secret, and there is no direct indication that this list is exhaustive, then any information with the exception of this information can be attributed the list that is DIRECTLY specified in the law. This principle is described in almost any textbook on Theory of State and Law.

 

[Роберт]

Good. What exactly is a trade secret? What information?
The issue of jurisdiction.
Why should the court consider the issue of admission to unknown information only because some dunce (I don't mean colleagues) called them a trade secret? Suddenly he is crazy? And law enforcement and the court should dance to his tune? : D