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THE RUSSIAN FEDERATION

THE FEDERAL LAW

About trade secrets

Adopted by the State Duma

July 9, 2004

Approved by the Federation Council

July 15, 2004

(As amended by federal laws dated 02.02.2006 No. 19-FZ , dated
18.12.2006 No. 231-FZ , dated 24.07.2007 No. 214-FZ, dated 11.07.2011 No.
200-FZ, dated 12.03.2014 No. 35-FZ , dated 18.04.2018 No. 86-FZ, from
09.03.2021 No. 39-FZ )

Article 1. Objectives and Scope of this Federal
the law

1. This Federal Law governs relations related to
the establishment, change and termination of the trade secret regime in
regarding information that has actual or potential
commercial value due to its being unknown to third parties. (As amended
Federal Law of 12.03.2014 No. 35-FZ )
2. The provisions of this Federal Law apply to
information constituting a trade secret, regardless of the type
the medium on which it is fixed.
3. The provisions of this Federal Law do not apply to
information classified in the prescribed manner as a state secret, in

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in relation to which the provisions of the legislation of the Russian
Federation on state secrets.

Article 2.
(Abolished - Federal Law of 12.03.2014 No. 35-FZ)

Article 3. Basic concepts used in the present
Federal law

For the purposes of this Federal Law, the following are used
basic concepts:
1) commercial secret - information confidentiality regime,
allowing
her to the owner
at
existing
or
increase income, avoid unnecessary expenses,
maintain a position in the market for goods, works, services or get another
commercial benefit; (As amended by Federal Law No.
231-FZ )

possible

2) information constituting a commercial secret - information of any
character (production, technical, economic, organizational and
others), including on the results of intellectual activity in
scientific and technical sphere, as well as information on methods of implementation
professional activities that have valid or
potential commercial value due to unknown third parties
persons to whom third parties do not have free access on a legal basis
and in respect of which the owner of such information has entered the regime
commercial secrets; (As amended by Federal Law No. 35-FZ dated 12.03.2014)
3) (Clause lost force - Federal Law of 18.12.2006 No. 231-FZ)
4) the owner of information constituting a commercial secret is a person
who owns information constituting a commercial secret, legally
grounds, restricted access to this information and established in relation to it
trade secret regime;
5) access to information constituting a commercial secret familiarization of certain persons with information constituting a commercial

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secret, with the consent of its owner or on any other legal basis, provided
maintaining the confidentiality of this information;
6) transfer of information constituting a commercial secret - transfer
information constituting a commercial secret and recorded on
material medium, its owner to the counterparty on the basis of an agreement in
volume and on the terms stipulated by the contract, including the clause on
acceptance by the counterparty of the measures established by the contract to protect it
confidentiality;
7) counterparty - a party to a civil contract, which
the owner of the information constituting a trade secret has transferred this
information;
8) provision of information constituting a commercial secret transmission of information constituting a commercial secret and recorded
on a tangible medium, by its owner to public authorities,
other state bodies, local self-government bodies for the purpose
fulfillment of their functions;
9) disclosure of information constituting a commercial secret action or inaction, as a result of which the information constituting
commercial secret, in any possible form (oral, written, other
form, including with the use of technical means) becomes
known to third parties without the consent of the owner of such information, or
contrary to an employment or civil contract.

Article 4. Right to classify information as information,
constituting a trade secret, and ways
obtaining such information

1. The right to classify information as information constituting
trade secrets, and to determine the list and composition of such information
belongs to the owner of such information subject to the provisions of this
Federal law.
2. (The part has ceased to be in force - Federal Law of 18.12.2006 No. 231-FZ )

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3. Information constituting a commercial secret received from its
the owner on the basis of a contract or other legal basis is considered
legally obtained.
4. Information constituting a commercial secret, the owner of which
is another person who is considered to have been obtained illegally if its receipt
was carried out with deliberate overcoming of the
information,
component
commercial
secret,
measuresby
confidentiality of this information, as well as if the recipient of this
the information the person knew or had reasonable grounds to believe that this
information constitutes a trade secret, the owner of which is
another person, and that the person transferring this information does not have
to transfer this information on a legal basis.

protection

Article 5. Information that cannot constitute
trade secret

The trade secret regime cannot be established by persons
carrying out
entrepreneurial
activity,
the following information:

in

respect

1) contained in the constituent documents of a legal entity,
documents confirming the fact of making entries about legal entities and about
individual entrepreneurs to the respective state
registries;
2) contained in documents giving the right to exercise
entrepreneurial activity;
3) on the composition of the property of the state or municipal unitary
enterprises, government agencies and their use of funds
relevant budgets;
four)
about
condition
fire fighting
sanitary-epidemiological and radiation conditions, safety
food and other factors that have a negative impact
to ensure the safe operation of production facilities,

security,

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the safety of every citizen and the safety of the population as a whole; (IN
version of the Federal Law dated 09.03.2021 No. 39-FZ )
5) on the number, on the composition of employees, on the remuneration system, on
working conditions, including labor protection, indicators of production
injury and occupational morbidity, and the availability of free
work places;
6) on the debts of employers in the payment of wages and
social benefits; (As amended by Federal Law dated April 18, 2018 No.
86-FZ )
7) on violations of the legislation of the Russian Federation and facts
bringing to responsibility for committing these violations;
8) on the conditions of tenders or auctions for the privatization of objects
state or municipal property;
9) on the size and structure of income of non-profit organizations, on
the size and composition of their property, about their expenses, about the number and about payment
labor of their employees, on the use of free labor of citizens in
activities of a non-profit organization;
10) on the list of persons entitled to act without a power of attorney on behalf of
legal entity;
11) the obligatory disclosure of which or the inadmissibility of the restriction
access to which is established by other federal laws;
12) constituting information about the state of the environment
(environmental information). (Clause introduced - Federal law from
09.03.2021 No. 39-FZ)

Article 6. Provision of information constituting
trade secret

1. The owner of information constituting a commercial secret,
motivated request of a public authority, other
state body, local self-government body provides them with
free of charge information constituting a commercial secret.
The reasoned claim must be signed by an authorized person

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official, contain an indication of the purpose and legal basis
requesting information constituting a trade secret, and the term
providing this information, unless otherwise established by federal
laws.
2. In case of refusal of the owner of information constituting a commercial
secret, to provide it to a public authority, another state
body, body of local self-government, these bodies have the right to request this
information in court.
3. The owner of information constituting a commercial secret, as well as
government bodies, other government bodies, bodies
local government who received such information in accordance with
part 1 of this article are obliged to provide this information upon request
courts, bodies of preliminary investigation, bodies of inquiry in cases,
in their production, in the manner and on the grounds that
provided by the legislation of the Russian Federation. (As amended
Federal Law of 24.07.2007 No. 214-FZ )
4. On the documents provided by the specified in parts 1 and 3 of this
articles to the authorities and containing information constituting a commercial
secret, must be marked "Commercial secret" indicating its
owner (for legal entities - full name and location,
for individual entrepreneurs - surname, name, patronymic of a citizen,
who is an individual entrepreneur and place of residence).

Article 6 1 . The rights of the owner of the information constituting
trade secret

1. The rights of the owner of information constituting a commercial secret,
arise from the moment he establishes a regime with respect to this information
trade secrets in accordance with Article 10 of this Federal
law.
2. The owner of information constituting a trade secret has
right:

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1) establish, change, cancel in writing the regime
commercial secrets in accordance with this Federal Law and
civil law contract;
2) use information constituting a commercial secret for
own needs in a manner that does not contradict the legislation of the Russian
Federation;
3) allow or deny access to information constituting
trade secrets, determine the procedure and conditions for access to this
information;
4) demand from legal entities, individuals who have gained access to
information constituting a commercial secret, state bodies
authorities, other state bodies, local self-government bodies,
who have been provided with information constituting a commercial secret,
compliance with obligations to protect its confidentiality;
5) require from persons who have gained access to information constituting
commercial secrets, as a result of actions committed by accident or
error, protecting the confidentiality of this information;
6) protect, in the manner prescribed by law, their rights in the event of
disclosure, illegal acquisition or illegal use by third
by persons of information constituting a commercial secret, including demanding
compensation for losses caused in connection with the violation of his rights.
(This article was introduced by Federal Law No. 35-FZ of March 12, 2014)

Article 7.
(Abolished - Federal Law of 18.12.2006 No. 231-FZ)

Article 8.
(Abolished - Federal Law of 18.12.2006 No. 231-FZ)

Article 9.
(Abolished - Federal Law of 18.12.2006 No. 231-FZ)

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Article 10. Protection of confidentiality of information

1. Measures to protect the confidentiality of information taken by it
by the owner must include:
1) determination of the list of information constituting a commercial secret;
2) restriction of access to information constituting commercial
secrecy, by establishing the procedure for handling this information and control
over the observance of such an order;
3) registration of persons who have gained access to information constituting
commercial secrets, and (or) persons to whom such information was
provided or transferred;
four) regulation
relations
by
using
constituting a trade secret, employees on the basis of labor
contracts and counterparties on the basis of civil law contracts;

information,

5) application to tangible media containing information,
constituting a commercial secret, or inclusion in the composition of the requisites
documents containing such information, stamp "Commercial secret" with
indicating the owner of such information (for legal entities - full
name and location, for individual entrepreneurs surname,
name, patronymic citizen who is an individual
entrepreneur, and place of residence). (As amended by the Federal Law of
11.07.2011 No. 200-FZ )
2. The trade secret regime is considered established after the adoption
the owner of information constituting a commercial secret, the measures specified in
part 1 of this article.
3.
Individual
entrepreneur,
being
owner
information that is a trade secret and does not have employees, with
who have concluded employment contracts, takes measures to protect
confidentiality of information specified in part 1 of this article, for
excluding paragraphs 1 and 2, as well as the provisions of paragraph 4 concerning
regulation of labor relations.

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4. Along with the measures specified in part 1 of this article, the owner
information constituting a commercial secret, has the right to apply when
necessary means and methods of technical protection of confidentiality
of this information, others that do not contradict the legislation of the Russian
Federation measures.
5. Measures to protect the confidentiality of information are recognized reasonably
sufficient if:
1) access to information constituting a commercial secret is excluded,
any persons without the consent of its owner;
2)
provided
opportunity
use
constituting a trade secret, employees and transferring it to counterparties
without violating the trade secret regime.

information,

6. The trade secret regime cannot be used for purposes
contradicting the requirements for the protection of the foundations of the constitutional order,
morality, health, rights and legitimate interests of others, ensuring
defense of the country and security of the state.

Article 11. Protection of confidentiality of information,
constituting a commercial secret, within the framework of
labor relations

1. In order to protect the confidentiality of information constituting
trade secrets, the employer is obliged:
1) to acquaint, against receipt, the employee whose access to this
information owned by the employer and his counterparties,
is necessary for this employee to perform his job duties, with
a list of information constituting a commercial secret;
2) familiarize the employee with the established employer against the signature
the regime of commercial secrets and with measures of responsibility for its violation;
3) create the necessary conditions for the employee to comply with
the trade secret regime established by the employer.

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2. The employee's access to information constituting a commercial secret,
carried out with his consent, if this is not provided for by his labor
responsibilities.
3. In order to protect the confidentiality of information constituting
commercial secrets, the employee is obliged:
1) comply with the trade secret regime established by the employer;
2) not to disclose this information, the owners of which are
the employer and his counterparties, and without their consent do not use this
information for personal purposes during the entire duration of the regime
trade secrets, including after the termination of the labor
contract;
3) compensate the losses caused to the employer, if the employee is guilty
in the disclosure of information constituting a commercial secret and became him
known in connection with the performance of his labor duties;
4) transfer to the employer upon termination or termination of employment
contract material media available in use
employee and containing information constituting a commercial secret.
4. The employer has the right to demand compensation for losses caused
to him by disclosing information constituting a commercial secret on behalf of,
who received access to this information in connection with the performance of labor
duties, but terminated the employment relationship with the employer, if this
information was disclosed during the period of validity of the trade secret regime.
5. Caused by an employee or terminated employment with
the employer does not reimburse the person for losses if the disclosure of information,
constituting a commercial secret occurred as a result of non-compliance
the employer measures to ensure the regime of commercial secrets, actions
third parties or force majeure.
6. An employment contract with the head of the organization must
envisaged
his
responsibilities
by
securing
confidentiality of information constituting a commercial secret,
owned by the organization and its counterparties, and the responsibility
for ensuring the confidentiality of this information.

guard

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7.
Leader
organization
reimburses
organization
caused by his guilty actions in connection with the violation
the legislation of the Russian Federation on commercial secrets. Wherein
losses are determined in accordance with civil law.

losses,

8. The employee has the right to appeal against illegal
establishment of a trade secret regime in relation to information to which
he gained access in connection with the performance of his work duties.
(Article as amended by Federal Law No. 35-FZ dated 12.03.2014)

Article 12.
(Abolished - Federal Law of 18.12.2006 No. 231-FZ)

Article 13. Protection of confidentiality of information during its
providing

1. State authorities, other state bodies, bodies
local government in accordance with this Federal Law and
other federal laws are obliged to create conditions that ensure
protecting the confidentiality of information provided to them by legal
individuals or individual entrepreneurs.
2. Officials of public authorities, other
state bodies, local authorities, state
or municipal employees of these bodies without the consent of the owner
information constituting a commercial secret is not entitled to disclose or
hand over
others
persons
public authorities, other
state bodies, local self-government bodies which became
known to them by virtue of the performance of official (official) duties
information constituting a commercial secret, except in cases where
provided for by this Federal Law, and is also not entitled
use this information for selfish or other personal purposes.
3. In case of violation of the confidentiality of information by officials
by persons of state authorities, other state bodies,
local authorities, state and municipal

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employees of these bodies, these persons are responsible in accordance with
the legislation of the Russian Federation.

Article 14. Liability for violation of this
Federal law

1. Violation of this Federal Law entails
disciplinary, civil, administrative or criminal
responsibility in accordance with the legislation of the Russian Federation.
2. An employee who, in connection with the performance of labor duties,
gained access to information constituting a commercial secret,
owned by the employer and his counterparties, in case
deliberate or careless disclosure of this information when
absence of corpus delicti in the actions of such an employee bears
disciplinary liability in accordance with the law
Russian Federation.
3. State authorities, other state bodies, bodies
local self-government who have gained access to information constituting
trade secrets are carried to the owner of the information constituting
commercial secrets, civil liability for disclosure or
illegal use of this information by their officials,
state or municipal employees of these bodies,
whom she became known in connection with the performance of their official
(official) duties.
four. Face,
which
used
information,
trade secret, and did not have sufficient grounds to consider the use
this information is illegal, including gaining access to it in
due to accident or error, cannot in accordance with this
To be held accountable by federal law.

component

5. At the request of the owner of information constituting a commercial
secret, the person specified in part 4 of this article is obliged to take measures to
protection of confidentiality of information. If such a person refuses to accept
the specified measures the owner of information constituting a commercial secret,
has the right to demand in court the protection of his rights.

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Article 15. Liability for failure to provide authorities
state power, other state
bodies, bodies of local self-government
information constituting a commercial secret

Failure by the owner of information constituting commercial
secrecy, legal requirements of public authorities, other
state bodies, local self-government bodies on the provision
them information,
component
commercial
obstruction of the receipt by officials of these bodies of the specified
information
entails
per by myself a responsibility
the legislation of the Russian Federation.

secret,
in

conformity

Article 16. Transitional Provisions

Vultures applied before the entry into force of this Federal Law
on tangible media and indicating the content of information in them,
constituting a commercial secret, retain their validity, provided that
measures to protect the confidentiality of this information will be given in
compliance with the requirements of this Federal Law.

President of Russian Federation

Moscow Kremlin
July 29, 2004
No. 98-FZ

but

V. Putin

equally
from

