The dissemination, disclosure or transfer of a business secret by those who have a contractual or legal obligation to preserve it.
They are those of the business activity that the employer considers confidential, exclusive, with economic and legal value.
Without prejudice to explicitly determine in a contract that information / knowledge is reserved and economic value for the employer – and that, therefore, is business secret – we can consider as such: figures, data or client lists, suppliers, organizational charts, plans, memoranda, etc.
Yes indeed. There will be more difficulties to prove that the person who had the obligation to preserve the secret has violated it, but the crime can be committed in all kinds of support: documentary, paper or digital format, in original or copy, and even verbally.
First, discuss who is really responsible for the facts. Probably different people could access the reserved information. If we offer doubts about who may have committed the act, we can avoid the criminal responsibility of the crime, since, in criminal law, only the facts are answered personally.
Yes. Securing a business secret from the competition by hiring the offender of a crime of disclosure of secrecy also involves criminal responsibility.
The implementation of an effective crime prevention model (MPD) before the crime is committed can excuse the criminal responsibility of your company. In any case, before any risk indicator, the first necessary measure is the caution and the assessment of the legal consequences.
