PROTECTION OF CONFIDENTIAL INFORMATION AND TRADE SECRET UNDER MARTIAL LAW

Abstract

Modern business, as well as enterprises, institutions and organizations of various forms of ownership need reliable protection and protection of their confidential information. Especially when it comes to the protection of secret information of business entities during martial law. If the protection of state secrets takes place in accordance with the Law of Ukraine "On State Secrets" and does not cause concern. The protection of confidential information (CI) and trade secrets (TS) of the private business sector during martial law is of some concern and needs to be investigated. The issue in the field of protection of CI and TS of enterprises, institutions and organizations is to find reliable protection of commercially valuable information of a certain business, and especially during martial law. We can confidently state that there is no separate legal act regulating relations in the sphere of providing legal protection of TS in Ukraine, and therefore we can state that there is no separate by-law in this area, as well as the law. In such a way, regulatory measures include such methods of CI and TS protection, which involve the use of a certain set of legal means provided by law and by-laws to persons who legally control such information. These should include the development and adoption of local regulations: List of information that makes up CI or TS, Provisions on CI or TS of the enterprise, Instructions obliging employees of the enterprise, institutions or organizations to observe the regime of non-disclosure of CI or TS, Agreement on non-disclosure of CI or TS, etc. We consider it proper to adopt a relevant law regarding TS in Ukraine to regulate all aspects of TS protection. As to CI, we consider it expedient to remove the mention of a legal entity in the legislative definition of CI, and to formulate it, for example, as follows: confidential information is information to which access is limited to a natural person and which can be distributed in a certain manner at his will in accordance with the conditions stipulated by him.