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FEDERAL LAW OF THE RUSSIAN FEDERATION

of July 29, 2004 No. 98-FZ

About trade secret

(as amended on 09-03-2021)

Accepted by the State Duma on July 9, 2004

Approved by the Federation Council on July 15, 2004

Article 1. Purposes and coverage of this Federal Law

1. This Federal Law governs the relations connected with establishment, change and the termination of the mode of trade secret concerning information which has the real or potential commercial value owing to uncertainty to her third parties.

2. Provisions of this Federal Law extend to information which is trade secret irrespective of type of the carrier on which it is fixed.

3. Provisions of this Federal Law do not extend to the data carried in accordance with the established procedure to the state secret to which regulations of the legislation of the Russian Federation on the state secret are applied.

Article 2.

Voided according to the Federal Law of the Russian Federation of 12.03.2014 No. 35-FZ

Article 3. The basic concepts used in this Federal Law

For the purposes of this Federal Law the following basic concepts are used:

1) trade secret - the mode of confidentiality of information allowing its owner to increase under the existing or possible circumstances the income, to avoid unjustified expenses, to save market position of goods, works, services or to receive other commercial benefit;

2) information which is trade secret - data of any nature (production, technical, economic, organizational and others), including about results of intellectual activities in the scientific and technical sphere, and also data on methods of implementation of professional activity which have the real or potential commercial value owing to uncertainty to their third parties to whom the third parties have no open entry legally and concerning which the owner of such data introduces regime of trade secret;

3) ceased to be valid

4) the owner of information which is trade secret, the person which possesses information which is trade secret, legally limited access to this information and set concerning it the mode of trade secret;

5) information access, being trade secret, acquaintance of certain persons with information which is trade secret with the consent of its owner or on other legal cause on condition of preserving confidentiality of this information;

6) information transfer, to the partner who is trade secret, information transfer, being trade secret and fixed on the material carrier, its owner based on the agreement in amount and on conditions which are provided by the agreement, including condition about acceptance by the partner of the measures for protection of its confidentiality established by the agreement;

7) the partner - the party of the civil agreement to which the owner of information which is trade secret transferred this information;

8) provision of the information which is trade secret, information transfer, being trade secret and fixed on the material carrier, its owner to public authorities, other state bodies, local government bodies for the purpose of accomplishment of their functions;

9) disclosure of information which is trade secret, action or failure to act as a result of which information which is trade secret in any possible form (oral, written, other form, including with use of technical means) becomes known to the third parties without the consent of the owner of such information or contrary to the employment or civil contract.

Article 4. The right to reference of information to information which is trade secret, and methods of receipt of such information

1. The right to reference of information and on determination of the list and structure of such information belongs to the owner of such information taking into account provisions of this Federal Law to information which is trade secret.

2. Voided

3. The information which is trade secret, received from its owner based on the agreement or other legal cause is considered received by legal method.

4. Information which is trade secret which owner is other person is considered received illegally if its obtaining was performed with intentional overcoming by the accepted owner of information which is trade secret, measures for protection of confidentiality of this information and also if person obtaining this information knew or had good causes to believe that this information is trade secret which owner is other person and that performing transfer of this information person has no legal cause on transfer of this information.

Article 5. Data which cannot be trade secret

The mode of trade secret cannot be set by persons performing business activity concerning the following data:

1) containing in the constituent documents of the legal entity, documents confirming the fact of introduction of records about legal entities and about individual entrepreneurs in the corresponding state registers;

2) containing in the documents granting the right to implementation of business activity;

3) about structure of state-owned property or municipal unitary enterprise, public institution and about use of means of the relevant budgets by them;

4) about condition of fire safety, sanitary and epidemiologic and radiation situation, safety of the foodstuff and other factors making negative impact on ensuring safe functioning of production facilities, safety of each citizen and safety of the population in general;

5) about number, about the list of workers, about wages system, about working conditions, including about labor protection, about indicators of industrial traumatism and professional incidence, and about availability of free workplaces;

6) about debt of employers on salary payment and social payments;

7) about violations of the law of the Russian Federation and the facts of accountability for making of these violations;

8) about conditions of tenders or auctions for privatization of objects of the state-owned or municipal property;

9) about the sizes and structure of the income of non-profit organizations, about the sizes and structure of their property, about their expenses, about number and about compensation of their workers, about use of labor of love of citizens in activities of non-profit organization;

10) about the list of persons having the right to act without power of attorney on behalf of the legal entity;

11) obligation of disclosure of which or inadmissibility of access restriction to which it is established by other Federal Laws;

12) constituting information on state of environment (ecological information).

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