What is the subject of confidentiality responsibility, and the main body of confidentiality responsi

The subject of confidentiality responsibility is a unit or an organization, that is, the unit or organization has the obligation to keep a certain matter confidential.

Legal analysisThe subject of confidentiality responsibility is the legal representative or principal responsible person of the unit, the person in charge of confidentiality work, other responsible persons, the person in charge of the secret-related department or project, and the personnel involved in secrets. If an employee violates the confidentiality agreement, he or she may be liable for the following legal liabilities: Civil liability, the company may require the employee to compensate the company for the losses caused by the breach of contract or infringement.

Administrative liability, according to the provisions, the administrative organ for industry and commerce has the right to order the cessation of illegal acts in accordance with the law, and may impose a fine of not less than 10,000 yuan but not more than 200,000 yuan according to the circumstances. At the same time, the industrial and commercial administration organ may also order the infringer to return the drawings, software and other relevant materials containing trade secrets to the right holder or destroy them. Criminal responsibility.

For parties who violate the confidentiality agreement and cause serious consequences, the Criminal Law of China provides for the crime of infringing on trade secrets. Significant losses in the crime of infringing trade secrets refer to significant losses in the economic aspect, including reducing profits, increasing losses, causing bankruptcy, being in a disadvantageous position in competition, and so on. According to judicial practice, if the direct economic loss caused to the right holder of trade secrets is more than 500,000 yuan, causing bankruptcy or other serious consequences to the right holder, it shall be prosecuted.

It is worth noting that it is necessary to ascertain the causal relationship between the infringement of trade secrets committed by the perpetrator and the significant losses suffered by the right holder; If the perpetrator commits acts such as theft of trade secrets, but the act itself does not cause major losses to the rights holder, the crime of infringing on trade secrets is not established.

Legal basisCriminal Law of the People's Republic of China" Article 219: Where any of the following acts of infringing on trade secrets are committed, and the circumstances are serious, a sentence of up to three years imprisonment and/or a fine is to be given; where the circumstances are especially serious, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given: (1) obtaining rights holders' commercial secrets through theft, bribery, fraud, coercion, electronic intrusion, or other improper means; (2) disclosing, using, or allowing others to use the rights holder's commercial secrets obtained through the means described in the preceding paragraph; (3) Disclosing, using, or allowing others to use the commercial secrets in their possession in violation of confidentiality obligations or rights holders' requirements for the preservation of commercial secrets. Clearly knowing the conduct listed in the preceding paragraph, obtaining, disclosing, using, or allowing others to use the trade secret, it is considered an infringement of trade secrets.

"Rights holders" as used in this article refers to the owners of trade secrets and users of trade secrets with the permission of the owner of trade secrets. Article 219-1 Whoever steals, espionage, buys, or illegally provides commercial secrets for foreign institutions, organizations, or individuals is to be sentenced to up to five years imprisonment and/or a fine; where the circumstances are serious, a sentence of five or more years imprisonment and a concurrent fine is to be given.

The main body of the confidentiality obligation is to be able to keep confidential the confidential documents of a certain unit, enterprise or institution without leaking them.

The main body responsible for confidentiality is the person in charge of confidentiality work and the confidentiality work body.

Legal analysis: the subject of confidentiality responsibility of military industrial units is the legal representative or main person in charge; The person in charge of confidentiality work; the person in charge of the department or project involved in secrets; The person in charge of the confidential business of scientific research and production of ** equipment.

Legal basis: "Code of Confidentiality for State Employees of the People's Republic of China" Article 32: The Ministry of Secrecy Administration and Management shall inspect the following situations in accordance with the law on the implementation of secrecy laws and regulations by organs and units:

1) The implementation of the responsibility system for confidentiality work;

2) The establishment of the confidentiality system;

3) Publicity, education, and training on confidentiality;

4) The management of personnel involved in secrets;

5) The designation, modification, and removal of state secrets;

6) The management of the state's secret carriers;

7) The confidentiality management of information systems and information equipment;

8) The use of the Internet to manage the confidentiality of the situation;

9) The use of confidentiality technical protection facilities and equipment;

10) The management of secret-related sites and departments and parts of key secrecy matters;

11) The management of meetings and activities involving secrets;

12) Information disclosure and confidentiality review.

The confidentiality parties of the confidentiality agreement include, but are not limited to, the senior management of the employer; Senior technical personnel; Senior marketers and others under a duty of confidentiality. If an employee signs a confidentiality agreement with an employer, he or she is obliged to keep the company's business secrets.

Article 24 of the Labor Contract Law of the People's Republic of China stipulates that the personnel subject to non-compete restrictions are limited to the senior management personnel, senior technical personnel and other personnel of the employer who have the obligation of confidentiality. The scope, region, and duration of the non-compete restriction shall be agreed upon by the employer and the employee, and the agreement on the non-compete restriction shall not violate the provisions of laws and regulations. After the dissolution or termination of the labor contract, the personnel provided for in the preceding paragraph shall not exceed two years before they go to another employer that has a competitive relationship with the unit that produces or sells the same kind of products or engages in the same kind of business, or if they start their own business to produce or operate the same kind of products or engage in the same kind of business.

Hello, according to the provisions of the Confidentiality Law, the main responsibilities of confidentiality work include: First, further understand the situation faced by confidentiality work, and enhance the sense of responsibility and mission for confidentiality work. The second is to conscientiously implement the spirit of the relevant policies and documents on secrecy work.

It is necessary to earnestly raise awareness and highlight the confidentiality management of key departments, key links, and posts; It is necessary to improve the confidentiality organization and confidentiality system, and form a knowledgeable and effective management of various carriers such as confidential data, documents, and personnel; It is necessary to speed up the construction of secret-related networks. Third, it is necessary to strengthen leadership over the work of secrecy. Leading bodies at all levels should attach great importance to the work of guarding secrets, conscientiously implement various rules and regulations on secrets, and strengthen the education of personnel involved in secrets.

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