Typical case: Chen is the sales manager of Company A, responsible for the sales of Company A's products in North China. Company A and Chen signed a formal labor contract and signed a confidentiality agreement, which stipulates that the customer list and customer telephone information belong to Company A's business secrets, and Party B has the obligation to keep it confidential and shall not disclose it to third parties. During the operation of Company A, it was found that some old customers in Company A's North China began to give up ordering Company A's products.
instead ordered the products of Company B, which had a competitive relationship with Company A. After investigation, Company A found that Chen had a major suspicion of leaking the company's business secrets. After on-site inspection, the company's corporate email address assigned to Chen, it was found that Chen sent the company's customer list and relevant information to the business manager of Company B by email, and obtained a certain amount of information fee from the business manager of Company B. Company A entrusted notarization of the relevant evidence and hired a lawyer to deal with it.
After lawyer mediation, the two parties reached an internal agreement: Chen admitted his mistake and made a written review, agreed to compensate the company for some of the losses, and promised to increase the sales of the products he was responsible for by 20% within one year; Company A made relevant systems and benefits adjustments to increase the performance benefits given to Chen.
Lawyer Analysis: The protection of trade secrets is different from intellectual property rights and does not fall within the scope of legal protection. They must be agreed upon by the company and employees. Based on the principle that there must be agreements, protecting trade secrets in accordance with the law is the only way for company decision makers to protect trade secrets.
In this case, Company A and Chen signed a confidentiality agreement and made a contract agreement on confidentiality matters, which comply with the relevant laws of our country. Chen violated the agreement and leaked Company A's business secrets to a third party, which actually caused Company A to lose customers and market share, and Chen obtained illegal acceptances as a result. Chen should bear legal responsibility for this. In this case, the solution was finally successful through lawyer mediation, which particularly reflected and exposed the problems existing in Company A, and the system was not sound and the performance system was unreasonable. Through lawyer mediation, Company A realized the shortcomings, improved the system and carried out performance reform; at the same time, Chen admitted his mistakes, voluntarily compensated for the losses, and promised to make up for the mistakes. The two sides negotiated sincerely and reached an agreement, which was the best result.
Lawyer's advice:
Regarding the issue of confidentiality agreement, the most important thing is the terms involving the confidentiality agreement. The necessary terms and contents of the confidentiality agreement should include but are not limited to the following matters:
1. Confidentiality subject: including cooperative entities that use and may be exposed to the company's trade secrets, company shareholders, management personnel, specific employees, subordinate companies and specific related persons, etc.
2. Confidential content: All technical information, business information and management information that meet the requirements of commercial secrets should be confidential content, according to the specific circumstances of different companies, including but not limited to plans, methods, strategies, skills, formats, programs, coding, design, technology, formulas, drawings, specific customer habits, special or segmented market data, customer information feedback, research materials, customer lists containing customer demand rules or characteristics, etc.
3. Confidentiality method: It is an effective means to protect commercial secrets, including setting confidentiality levels according to specific circumstances, and agreeing on the encryption method and storage method of confidential documents, the transmission method, transmission range and approval specifications of confidential documents.
4. Confidentiality liability - is the legal liability that should be borne in violation of the obligation to keep commercial secrets, including but not limited to economic compensation liability, administrative liability, and even criminal liability that meets specific circumstances. Among them, economic compensation liability can stipulate the specific amount of compensation or calculation method.
5. Authorization and Confidentiality Period - Important commercial secrets generally implement the authorization confidentiality system and set a certain confidentiality period. The confidentiality period can be agreed upon in accordance with the law to a certain period after the employee leaves.
Note: This article comes from the reference magazine "Entrepreneurship Era". The pictures are from the Internet. If there is any infringement, please contact us to delete it.
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