Internal documents should be adjusted and trade secret protection rules should be verified

2018.10.01

Many organizations have copied the previous regulations into contracts and internal regulations. All these documents require an update.

This refers in particular to the period during which the non-disclosure obligations remain in force as well as the definition of trade secret. Until now, the practice has been to include the 3-year non-disclosure period into contracts, or to modify it by extending this period. This is no longer necessary, as this obligation is now unlimited in time. 

The new definition of trade secret requires that the business act with due diligence in order to maintain confidentiality.

The most basic form of due diligence will surely by an audit of the current procedures of the flow of confidential information that constitutes trade secret, as well as keeping the number of people who have access to it to a minimum. It is also a good idea to introduce the obligation to apply protective measures (e.g. data encryption, access privileges, applications that filter outgoing messages). Internal regulations and contracts should also clearly indicate the scope and the purpose of the use of trade secret by a person who has access to it.