RESTRICTED COMMERCIALLY VALUABLE INFORMATION: CRIMINAL PRIVACY ACTIONS

Abstract

The article aims to clarify the characteristics and the main essence of a commercial secret, defining itskey features that allow us to distinguish it from other types of information with limited access, such as statesecrets. Important aspects of a commercial secret are: its real or potential value, the uniqueness of informationthat is related to the company’s activities and provides economic advantages and competitive advantages tothe owner; confidentiality and limited access to such information; and measures taken by management toprevent unauthorized access to trade secrets.The results. There is no single legislative act in the national legislation that would clearly defineand systematize the information that is considered confidential. The author offers his own definition of thiscategory as a type of confidential information and a form of information with limited access, which can beof a technical, organizational, commercial, industrial or other nature, related to the company’s activitiesand has a real or potential value due to its anonymity to third parties, which provides the owner with economic advantages and competitive advantage. Such information is subject to a special legal regime that restrictsaccess to it and its use, preventing unauthorized access. The composition and scope of the commercial secret,as well as the procedure for its protection, are established by the management of the company, institution ororganization.Conclusions. We suggest understanding a trade secret as a special kind of confidential information, accessto which is limited and which can be technical, managerial, commercial, industrial or any other related tothe activities of a company or organization. Such information contains real or possible commercial value,as it is unknown to outsiders, which gives its owner economic advantages and strengthens his position inthe market. Information constituting a commercial secret is protected by special legal mechanisms that preventunauthorized access to it. What data is part of a commercial secret and how it is protected is determined bythe management of the company, institution or organization.