DIFFERENTIATION OF THE CONCEPTS OF CONFIDENTIAL INFORMATION AND TRADE SECRET IN THE INFORMATION DOCTRINE STRATEGY OF UKRAINE

Abstract

The scientific work analyzes the regulatory and legal protection of confidential information and trade secret in the business space of Ukraine. Possible ways of improving the administrative and legal protection of legal relations in the sphere of providing confidential information and trade secret in Ukraine have also been identified. We proposed establishing a distinction between confidential information and trade secret in Ukraine, namely by removing references to a legal entity in the legislative definition of confidential information in Ukraine. Confidential information is information that has value for a natural person, including information about family secrets of a natural person, other information about a natural person, access to which is limited by the natural person and which can be distributed in a certain manner at his will in accordance with the conditions stipulated by him. A trade secret is information that is valuable for legal entities, gives advantages in the market over competitors (business entities), affects the profit of enterprises, institutions and organizations and therefore requires protection and reliable protection. Ensuring effective protection of CI and TS in Ukraine requires public administration bodies to establish the norms of the law of a sub-legal nature, etc. The need to establish the norms of the law of a sub-legal nature is also due to the fact that the norms and prescriptions contained in the laws cannot cover all aspects and directions of ensuring the protection of CI or TS in Ukraine, and therefore there is a need to specify and detail the legislative norms in the sphere of ensuring the protection of CI and TS in Ukraine. Therefore, the development and adoption of local regulations should be included in the legal measures for the protection of CI or TS: List of information that makes up CI or TS, Provisions on CI or TS of the enterprise, Instructions that oblige employees of the enterprise, institutions or organizations to comply regime of non-disclosure of CI or TS, Agreement on non-disclosure of CI or TS, etc.