Study On Legal Application Of Confidentiality Agreement

The current Labor Contract Law of the Chinese Republic of Chinaand other legislative norms refer to the term "confidential agreement".The existence of a confidentiality agreement is to protect the business secrets of employers.However,in judicial practice,there are many applications for confidentiality agreements.Question,if the confidentiality agreement can stipulate the confidentiality period,whether the agreed confidentiality period can be used as the secret duration of the trade secret;how to judge the customer list is a trade secret and is protected by a confidentiality agreement;the confidentiality agreement is made by the employer and the laborer.If it is agreed to be formulated,then when the employer proposes to sign a non-disclosure agreement,can the worker express the meaning of not signing;whether the laborer can be willing to autonomy when signing the specific clause;the confidentiality agreement and other protection measures against trade secrets,such as The inevitable principle should be how to connect;and so on.In summary,the following problems are summarized: the expansion of the confidentiality period and the limitation of the contraction are unreasonable.When the laborer and the employer have agreed on the confidentiality period in the confidentiality agreement,the court will use the discretionary power to arbitrarily The period of confidentiality is extended or limited,and the application of the period of confidentiality is inconsistent;the criteria for determining the validity are not uniform.Since the effectiveness of the confidentiality agreement is not unified by specific rules in the legislation,the court usually treats the confidentiality agreement as a contract.Or by comparing the specific content of the terms of the confidentiality agreement or the judgment of the responsibility of both parties;the qualitative contrast of the customer list is obvious,and some courts consider whether the customer list is administrative or confidential when determining whether the customer list is a trade secret.Sexuality and value,while some courts consider confidentiality,value,and uniqueness;they are confused with non-competition restrictions.Some courts separate confidentiality agreements from non-competition restrictions,and some courts use confidentiality agreements and non-competition restrictions.The agreement is mixed and considered as a non-competition agreement.In order to better protect trade secrets and balance the free competition of the market and the free flow of labor,there are three ways to solve the problem.First,it is connected with other systems that protect trade secrets,and clarifies the concept of system design.Explain the connection and difference between the confidentiality agreement and the competition restriction system,and explore the difference between the confidentiality agreement and the competition restriction from the root cause.The principle of inevitable disclosure is used as a special means to protect trade secrets and the confidentiality agreement system.At the same time,it is compatible with the rules of trade secret protection in the field of corporate law.The second is to classify the employers according to the different social status of the employer,to adopt different confidentiality agreements in protecting different types of employers,and to stratify the laborers for different levels of workers.Develop different types of confidentiality agreements.Through the summarization of academic theories,this is in line with the macroeconomic regulation and control of the countries in the economic law,balancing the rights and obligations of employers and employees,protecting the benign competition in the market,promoting the free flow of labor in the market,safeguarding the interests of all parties,and ensuring the prosperity and development of the economy.