{"id":72221,"date":"2026-10-26T14:20:43","date_gmt":"2026-10-26T13:20:43","guid":{"rendered":"https:\/\/raczkowski.eu\/en\/?p=72221"},"modified":"2026-10-26T14:24:42","modified_gmt":"2026-10-26T13:24:42","slug":"employees-are-responsible-for-trade-secrets-they-disclose-to-ai-tools","status":"publish","type":"post","link":"https:\/\/raczkowski.eu\/en\/employees-are-responsible-for-trade-secrets-they-disclose-to-ai-tools\/","title":{"rendered":"Employees Are Responsible for Trade Secrets They Disclose to AI Tools"},"content":{"rendered":"

Trade Secrets \u2013 The Scope of Protection<\/strong><\/p>\n

Each business determines for itself what constitutes a trade secret. Trade secrets include any information that is not generally known, has commercial value and is subject to reasonable steps taken by the business to keep it confidential. This does not require detailed security measures, including IT safeguards. It is sufficient to specify the types of information that are covered by trade secret protection.<\/p>\n

A breach of trade secret confidentiality may have various consequences for the person responsible. The affected business may claim damages from the individual who committed the breach, as well as from a competing business that benefited from the disclosure. The person responsible for the disclosure may also incur criminal liability under Article 23(1) of the Act on Combating Unfair Competition or Article 266(1) of the Polish Criminal Code. These offences are punishable by a fine, restriction of liberty or imprisonment for up to two years.<\/p>\n

AI Cannot Be Held Responsible, but Employees Can<\/strong><\/p>\n

Employees frequently use artificial intelligence for analytical purposes or to solve problems. By entering prompts, they provide tools such as ChatGPT with information and even scans or photographs of documents. Depending on the software version or subscription terms applicable to chatbots and other tools, such information or documents may be made available to other subscribers. AI systems may also retain such information in their memory and databases. Consequently, these tools may create opportunities for unauthorised access to trade secrets.<\/p>\n

Responsibility for such disclosures rests with the employee who provides the data to the AI tools. For obvious reasons, artificial intelligence itself cannot be held liable. Nor does liability rest with the administrators or developers of the software in question. What is more, in such cases, it may be more difficult to recover damages from those who benefit from information disclosed in this way. They may argue that making the information available to other subscribers demonstrates a failure to exercise due care in protecting its confidentiality.<\/p>\n

Procedures for Using AI<\/strong><\/p>\n

This is not the only reason why the rules governing the use of AI tools should be set out in appropriate internal documents. Employers are entitled to require employees to perform their duties independently. While the use of modern technology should not necessarily be prohibited, it is both possible and advisable to establish clear limits on its use.<\/p>\n

Find more articles in\u00a0PRO HR October 2026<\/strong><\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

Trade Secrets \u2013 The Scope of Protection Each business determines for itself what constitutes a trade secret. Trade secrets include any information that is not generally known, has commercial value and is subject to reasonable steps taken by the business to keep it confidential. This does not require detailed security measures, including IT safeguards. It […]<\/p>\n","protected":false},"author":6,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[1],"tags":[74],"class_list":["post-72221","post","type-post","status-publish","format-standard","hentry","category-bez-kategorii","tag-damian-tokarczyk"],"acf":[],"_links":{"self":[{"href":"https:\/\/raczkowski.eu\/en\/wp-json\/wp\/v2\/posts\/72221","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/raczkowski.eu\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/raczkowski.eu\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/raczkowski.eu\/en\/wp-json\/wp\/v2\/users\/6"}],"replies":[{"embeddable":true,"href":"https:\/\/raczkowski.eu\/en\/wp-json\/wp\/v2\/comments?post=72221"}],"version-history":[{"count":2,"href":"https:\/\/raczkowski.eu\/en\/wp-json\/wp\/v2\/posts\/72221\/revisions"}],"predecessor-version":[{"id":72226,"href":"https:\/\/raczkowski.eu\/en\/wp-json\/wp\/v2\/posts\/72221\/revisions\/72226"}],"wp:attachment":[{"href":"https:\/\/raczkowski.eu\/en\/wp-json\/wp\/v2\/media?parent=72221"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/raczkowski.eu\/en\/wp-json\/wp\/v2\/categories?post=72221"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/raczkowski.eu\/en\/wp-json\/wp\/v2\/tags?post=72221"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}