The information field of the enterprise can be divided into three large groups: technical data, operational, commercial. All of them are necessary for the correct and full functioning. Certain information is available to everyone, the other is classified and constitutes a trade secret.
What data is there?
Commercial ones are those related to products manufactured by the company, as well as ideas about volumes. This includes data on counterparties with whom transactions are concluded, prices at which the goods are provided to the customer. Finally, commercial information is the concept of the costs of manufacturing, storing, selling a product.
Technical information allows you to learn all about the product, about how it is created. From this data it follows which materials and components are needed for the manufacture of the product, machinery and equipment, technologies and tools used in the work process. She answers the question of what is the sequence of manufacturing a quality product.
Finally, operational data are those that regulate the work of personnel, that is, they give an idea of tasks, and are also used in the control of employees. Operational information reveals how the production process is regulated at the enterprise, how commercial and managerial measures can be adjusted. The advantage of such data is the ability to link all processes into a single complex, which allows creating a high-quality product in sufficient quantities at minimal cost.
When data is wealth
Why does the company need a decree on the list of information constituting a trade secret? Where does the information to be classified come from? Why hide data?
You need to understand that information can have a certain entrepreneurial value. The disclosure of such data may lead to insecurity of the company from an economic point of view. Based on this, there are three large groups of information related to the work of any modern company:
- open for use in wide circles;
- limited, accessible to authorities whose rights are prescribed by law (for example, investigators, prosecutors, tax inspectors);
- accessible only within the company to a number of employees, and sometimes only to the management team.
Both the second and the third group are data that include in the list of information constituting a commercial secret of the enterprise. This means that they have a certain level of confidentiality (determined individually), and there are strict restrictions on distribution. Their violation can lead to rather serious consequences.
Law and order
In order for some information to become confidential, you must enter the appropriate document at the enterprise - a list of information constituting a trade secret. Determine what to include in it, based on the characteristics of the work of a particular organization. Documenting this step is a very important step. If in the future, someone divulges classified data, you can go to court and prove a violation of interests only if the internal document flow of the company contains the relevant provision and an order to bring it into force.
Who determines the list of information constituting a trade secret? The development of the list is done jointly by senior management, department heads and the person responsible for the workflow, but approval is the preference of the general director. The list should have details according to the rules of the workflow, stored on a tangible medium. It is important that in the general system of documentation of his details was sufficient for quick search and identification.The data specified in such a list should be sufficient to give an idea of what should be kept secret, but not to disclose anything superfluous.
Security - Security
The list of information constituting a trade secret (medical center, manufacturing complex, law office - it doesn’t matter in which area the company operates, the effect of the law is equally applicable to everyone) is needed for a reason. If information was entered into it, its secrecy is ensured by the laws of our country. The following groups of secrets protected by legal standards are distinguished:
- banking;
- commercial;
- state;
- military;
- official.
Commercial is a term equated with business secrets.
And if simpler?
If you bring together everything that is mentioned above, you can come to the following conclusion: commercial secrets are understood to mean such an inalienable right of any company that allows some data inside to be called secret and protect them. Moreover, the information will not be a secret at the state level. The mystery is associated with the activities of the company, with its management decisions, technological developments, monetary aspects. A key indicator of classifying certain information as trade secrets is damage to the economic situation of the organization in the event of publication of data.
Not only information that is already valuable from a commercial point of view, but also any information that could potentially become one can be classified as a secret. The list of information constituting a commercial official secret contains all those types of data that should not fall into third parties so that the company does not suffer losses. Legally, access to such information cannot be obtained, but the enterprise must take protective measures.
It is possible and it is impossible
The list of information constituting a trade secret of an enterprise determines which data can be disclosed to third parties and what will have to be kept secret. But it’s worthwhile to understand: what kind of information cannot be included in it. In 1991, Russia adopted a resolution under number 35. It lists all those categories of information that cannot be hidden.
So, you can’t hide:
- constituent documentation;
- data from which it follows that the enterprise has the right to work;
- information on reporting forms, which allows to check whether taxes and other payments are regulated correctly, as regulated by applicable law;
- the number of employees in the enterprise, the level of remuneration, production conditions, vacancies;
- information reflecting compliance with the rules regarding mandatory contributions, payments, as well as laws governing environmental protection, labor protection;
- data related to antitrust laws;
- information confirming that the company sold goods that harmed the health of citizens;
- data confirming that officials also participate in joint-stock companies, cooperatives, and other enterprises.
Is it for everyone?
So, creating a list of information constituting an organization’s commercial secret, it’s impossible to include all of the above into it - the law says that. At the same time, for all in a row, this information is also not necessary to disclose. Data does not belong to the open access category.
The easiest way to explain this is with an example. So, information on how high wages are and in what state financial reporting is available is available only to specialized state authorities. The authorities send the company a request for the disclosure of this information, and the businessman opens only what was requested from him, in the manner prescribed by law.
Some legal entities have the right to request access to certain data from the above list. Their list can be found in the laws of the country.Clients may require that they provide the company's charter, as well as various certificates and licenses confirming that the company operates legally and has the necessary level of qualification in its field.
Protecting information is difficult
Why is it so difficult to compile a list of information constituting a trade secret of an organization? It’s not even a matter of legislative restrictions. On the one hand, a client can be attracted by providing him with comprehensive data on his advantages. The more information a potential customer has, the more complete his understanding of the company, the higher the likelihood of making a decision in favor of this particular organization.
On the other hand, competitors should not get too much data about the company to always be one step behind. Just a small kink already leads to a leak, which in the conditions of fierce competition of the modern market can lead to an instant loss of a dominant position.
An example of a list of information constituting a trade secret
- Terms of existing contracts.
- Processes used in production.
- Plans, prospects, proposed steps for the development of the company.
- Standards of business processes.
- Data related to negotiations with certain persons (investors, customers, partners).
- Ideas, research, know-how.
- Financing (internal, external).
- Risks, tax planning.
The list of information constituting a trade secret in each company is compiled individually. At the same time, the specifics of the field of activity and the features of work processes are taken into account. Is it possible to introduce at the enterprise a list of information constituting a trade secret, a sample of which is taken from the World Wide Web? Please note: on the Internet all such transfers are given in general terms, so you need to carefully study the option you like for compliance with the specifics of the work of your company. Although, of course, as a "skeleton" when creating a list of information constituting a trade secret, the sample comes in handy.
Trade secret: more
First of all, it is necessary to consider in more detail the features of the strategic development of the company. The classified data associated with this is the key to the successful development of a company that competitors cannot get ahead of. The list of information constituting a trade secret in this area:
- know-how, manufacturing innovations, secret technologies;
- enterprise development plans, programs, information reflecting planning;
- investments, methods of attracting investments;
- business processes, the rules in accordance with which they are established, enterprise management technologies;
- features of the setup and functioning of the organization's management apparatus;
- information reflecting the specifics of company security.
What about money?
In this area, an approximate list of information constituting a trade secret is as follows:
- agreements, contracts concluded by the company, their conditions, content;
- the structure of product pricing, the cost of manufactured goods, delivered services;
- budget, features of its formation;
- information reflecting the income of the enterprise, the profitability of the company and how large the volume of products sold;
- value of demand, supply;
- data on the property of the company, including size, composition, stocks, cash opportunities;
- the circulation of goods and money in the company;
- information showing cash, banking operations, investments, account balances, loans, liabilities;
- results of marketing research;
- data on the wages of employees, including awards, payments in kind, bonuses.
personal information
The list of information constituting a trade secret in the field of company structure and personal data:
- contracts concluded on behalf of the enterprise with employees;
- addresses, marital status of employees, phone numbers;
- information reflecting planned changes in the staff of the company.
Relationship with others
A trade secret involves hiding from extraneous data about which firms are supposed to work with, what steps have been taken in this direction, whether negotiations are ongoing and at what stage they are. In addition, data reflecting orders, offers received by the company and taken by it to work are classified.
In addition to directly listed information, indirect secrets related to it are also classified as trade secrets. For example, when analyzing classified information, the resulting product is data that is also inadmissible for disclosure.
What else do we hide?
In addition to the above, you can also add to the list adopted by the company data related to the types of equipment used and the features of its placement. You can classify information about decisions related to various issues of the organization’s functioning - from managerial to scientific.
You can give the status of trade secrets of information related to the meetings held in the company, or rather, the topics discussed in their framework. In this case, it will not be possible to divulge both the objectives of the meetings and the methods for organizing them, as well as the results of the events.
If a company participates in auctions, tenders, it has the right to classify information about it. In particular, the plans of the enterprise regarding auctions, measures of preparation for the event are not subject to disclosure. You can also declare closed the results of bidding.
Technology comes first
In practice, most often secret information in a company is assigned to information related to the finances of the organization and its achievements in the field of science and technology. This is not surprising, because in many respects innovative technologies are what guarantee survival in the market in the near future.
You can hide data on what kind of scientific research is being conducted, what is planned, what tasks are set for scientists and what programs they use in their work. Do not disclose the main ideas of the company in this area.
You can declare confidential the characteristics of the products, the parameters of the processes during which they are produced. In this case, third parties will not have access to how much volume and size the goods are produced, from which components they are made, under what conditions. If during the work it was possible to detect previously unknown patterns, they can also be classified regardless of the form of expression: analytics, graphics.
And finally
Finally, security aspects should be mentioned. Of course, any company should protect the secrets associated with the production process and innovations, prospects and plans, but only one law, as you know, will not save from competitors. It is worth resorting to the latest and most effective security measures. And how exactly is a private affair of the entrepreneur, the head of the company. To disclose the features of the security system created for your company is a risky undertaking.
By law, you can call confidential data on how security is organized in the company, how access control works, and what kind of alarm is installed. If there is some procedure for protecting trade secrets, it also needs to be protected from unauthorized persons and issued as confidential. Finally, if the firm has access to the secret data of partners, it should also protect them from disclosure.