Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)


Commercial Secret as an Object of Labour Relations: Foreign and International Experience

Author(s): Oleg M Yaroshenko, Olena V Moskalenko, Andrey M Sliusar, Natalya M Vapnyarchuk

Due to the insufficient level of regulation of the institute of commercial secrets in Ukrainian legislation, the article attempts to study foreign and international experience in the context of this issue. In particular, labor laws of some countries, as well as a series of international agreements and directives were examined; their main statements, advantages and disadvantages were defined. Based on collected and analyzed data, the authors outlined directions of adapting Ukrainian legislation to the highest standards of the EU, as well as developed recommendations for amending the Labor Code of Ukraine, paying special attention to the obligations of the employee in preserving commercial secrets. The suggestion was made to adopt at the enterprise level a local normative act that would determine the list of information constituting a commercial secret and would reflect the procedure for its use, storage and distribution, as well as the responsibility of employees for its unauthorized distribution-the Commercial Secrets Regulation.