Learn about trade secrets in Belarus

Protecting trade secrets is vital to the sustainable development of Belarusian businesses. Exclusive information about technology, customers, and partners is the “shield” to help businesses compete effectively in the market. However, the reality shows that acts of infringing on trade secrets such as unfair competition and economic espionage are becoming more and more complicated. The loss of these secrets not only causes financial losses but also weakens the competitiveness of businesses. To deal with this situation, Belarusian businesses need to proactively develop protection measures such as signing confidentiality contracts, training to raise awareness for employees, and applying information encryption tools. At the same time, the State needs to improve the legal framework for the protection of trade secrets, strengthen international cooperation to create a transparent and fair business environment. Viet An Law would like to guide customers on how to protect trade secrets in Belarus through the article below.

Preliminary Understanding of Trade secrets in Belarus

Trade secrets in Belarus, as in many other countries, are a legal concept used to protect proprietary, commercially valuable information that businesses actively keep private. This information is not public and is an important factor to help businesses have a competitive advantage in the market.

Elements that constitute a trade secret

• Exclusivity: Information is not general knowledge, not easily accessible.
• Commercial value: Information that brings economic benefits to businesses, helps increase revenue, reduce costs, or create new products/services.
• Confidentiality: The business has taken the necessary measures to protect the information from being disclosed to unauthorized persons.

Types of information that can be protected as trade secrets

• Recipe: Recipe for production, preparation, processing…
• Process: Production , business, management process…
• Technical information: Product design, technical drawings, algorithms…
• Business information: Customer list, suppliers, business strategy, etc.

Learn about violations of trade secret protection in Belarus

Based on international practice and general principles on the protection of trade secrets, some common infringements can be listed as follows:

• Unauthorized disclosure:
  • Disclosure of trade secrets to unauthorized persons.
  • Publicizing confidential information on the media and social networks.
  • Use confidential information for personal or third party interests.
• Unauthorized Use:
  • Using confidential information to produce or sell competitive products or services.
  • Copying, duplicating confidential information without permission.
• Unfair competition:
  • Bribes and threats to collect confidential information.
  • Economic espionage, infiltrating information systems to steal information.
  • Bribing employees to get them to disclose information.
• Breach of confidentiality contract:
  • The parties to the contract do not properly perform the confidentiality obligation.
  • Disclosure of confidential information after the contract ends.
• Other acts:
  • Impersonation and forgery to collect information.
  • Use malware to steal information.

Guide on how to protect trade secrets in Belarus

Identification and classification of information

• Identify core information: A comprehensive assessment of your business’s activities to identify the information that brings the highest competitive value, such as production formulas, proprietary processes, VIP customer lists, strategic business plans, and more.
• Classification by sensitivity: Divide information into different levels of security (extremely confidential, confidential, internal) to apply appropriate protections.
• Documentation: Catalogue confidential information in detail, including descriptions, responsible persons, and applicable safeguards.

Build an access management system

• Access Permissions: Give access only to individuals who are absolutely necessary to do their jobs.
• Strong passwords: Require users to use complex passwords and change passwords periodically.
• Multi-factor authentication: Use additional authentication methods such as OTP code, fingerprint, facial recognition.
• Physical Access Control: Restrict access to areas that contain confidential information.

Use of security technology

• Data encryption: Encrypt all sensitive data to prevent unauthorized access.
• Firewall: Install a firewall to protect the network from external attacks.
• Antivirus software: Update your antivirus software regularly to prevent malware threats.
• Intrusion Detection System: Monitor system activity to detect abnormal signs.
• Data backups: Perform regular data backups to prevent data loss.

Raising awareness and training

• Organize training sessions: Educate employees about the importance of protecting trade secrets and related regulations.
• Build a culture of confidentiality: Create a work environment where the protection of confidentiality is considered the responsibility of each individual.
• Encourage reporting: Encourage employees to report any suspected security breaches.

Sign a confidentiality agreement

• With employees: Sign a non-disclosure agreement with all employees.
• With partners: Sign confidentiality agreements with business partners, suppliers, customers.
• With contractors: Sign confidentiality agreements with contractors who have access to confidential information.

Perform Assessments and Improvements

• Regular Audits: Periodically evaluate the effectiveness of the security system and detect weaknesses.
• Update: Update security measures as technology and threats change.