How to prevent the infringement of business secrets when resigning?

A company's trade secrets are the core of a company. If this trade secret is leaked, the entire company will suffer serious losses. If an employee of a company comes into contact with the company's trade secrets, how can he prevent the infringement of trade secrets when he leaves? Below, the editor of Legal Savior Network will bring relevant content to you.

When leaving a job How to prevent the infringement of trade secrets

First, you can consider signing a non-compete agreement to restrict the employee from working at a competitor company, thereby limiting the loss of trade secrets to competitors to the greatest extent.

Second, if it has already reached a competitor If you are working, you can send a lawyer's letter to your competitor (his new employer), requiring the competitor to consciously not infringe on the relevant trade secrets. At the same time, you can also solemnly declare to the departing employees that you will protect the original company’s business secrets.

Third, always prove to departing employees that the original Companies have the ability to impose criminal sanctions, which is the most deterrent. In addition to criminal deterrence, any measure can be circumvented, so this issue must be viewed dialectically.

Specifically:

1. Return relevant work materials thoroughly and promptly. Requiring resigned employees to clear out relevant work materials is an important step in preventing them from taking away relevant business secret information carriers and preventing the leakage of business secrets. When employees submit a resignation request to the company, the company should thoroughly and promptly hand over the relevant computers, USB disks, CD-ROMs, working documents, drawings, data and other related materials used by them to prevent the resigning employees from using materials containing the company's trade secrets. Bring out "self-employed" or engage in work in related industries and become a strong opponent of the enterprise, thereby harming the interests of the enterprise.

2. Conduct exit interviews. When employees resign, companies can conduct exit interviews with employees to find out their motivations and whereabouts. The company can check the recruitment files to confirm whether the company has signed a "Confidentiality Agreement" or a "Non-Competition Agreement" with its employees. For those who have signed relevant obligation agreements, the company should urge employees to actively fulfill their confidentiality obligations and non-competition obligations; if they have not signed, The company can supplement by signing a "Resignation Commitment Letter" to confirm the confidentiality obligations of the resigning employee based on the job responsibilities of the resigning employee and the content of the company's commercial secret information. If necessary, the company can also make a non-compete agreement with the employee. Agreement. Special attention should be paid to the fact that if a company and its employees make a non-compete agreement, the company should clearly agree on the economic compensation that employees can receive for fulfilling their non-competition obligations, and truthfully pay the relevant compensation. Otherwise, the non-compete agreement will be Obligations have no legal effect on employees.

3. Require employees to provide confidentiality guarantors. For employees in particularly important positions who are privy to trade secrets, companies can require them to provide confidentiality guarantors. To provide a confidentiality guarantor, that is, the company signs a contract with the guarantor, stipulating that if the employee violates confidentiality obligations, discloses the company's trade secrets during employment or after resignation, or violates the non-compete agreement, the designated guarantor will bear the liability for compensation on his or her behalf. This is This will certainly enhance the liability for damages caused by employees’ infringements, and is currently adopted by many companies.

4. Carry out post-performance supervision. Enterprises can conduct regular tracking based on the whereabouts provided by employees, so as to achieve early detection and early stopping. Once an enterprise discovers that a resigned employee has set up a new company that engages in similar business to the enterprise or takes a position in another enterprise that engages in similar business to the enterprise, the enterprise should pay close attention to whether the employee has disclosed or used trade secrets, whether he has violated non-competition obligations, and Collect relevant evidence in order to promptly safeguard rights through legal means. Therefore, in order for companies to protect their trade secrets, it is necessary to conduct post-employment supervision.

Although the law stipulates the confidentiality of departing employees Obligation, but in case of accidents, the company must take precautions first. If you have any other questions, please come to the Legal Savior Network for online legal consultation. We will have professional lawyers to help you.

If there are problems that need to be communicated and resolved, if the content is If you are not sure and want to know more, it is recommended that you seek help from an online lawyer on the Legal Savior Network in a timely manner.