Civil liability
The Civil Code contains enough points that deal with the order in the sphere of information protection. Therefore, when drafting an NDA, you can focus on this information.
The rights to compensation for damages that the company received due to the disclosure of information are secured. However, this information is not always recognized as a commercial secret. And it is not necessary to rely on the data in the NDA agreement, although its presence will simplify the procedure for proving the guilt of the person who disclosed the information.
If the document contains a clear procedure and instructions on mandatory compliance with commercial secrets, then it will be easier to bring the culprit to financial, disciplinary, administrative and criminal liability in court.
In court, it is the plaintiff who will convince that his rights have been violated. The body is guided by evidence. Four points must be observed when filing a claim: establish the fact of violation physicians email list of your rights, calculate the amount of damages received and prove it, establish how the disclosure of information led to financial losses. If it is not possible to prove at least one of the points, the court may not satisfy the claim.
It is important to specify in the agreement that a fine is imposed for violation of each clause, this will allow not to prove the fact of causing damage. The amounts of penalties themselves will be determined during the consideration of the case after establishing the amount of damage caused.
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Previously, courts did not know what an NDA was. There was no practice of holding violators liable for disclosing commercial secrets, companies did not know how to draft lawsuits or drew up agreements incorrectly. Today, companies are concerned about security, since in the information age it is very easy to transfer information, and it does not require much time and effort.
Today, the agreement carries weight in court.
Example 1
Case No. A56-92673/2016 on intellectual rights (Source: information and legal portal Garant.ru). In 2018, the company OOO VIAKARD won the case.
Circumstances: the customer distributed a database of a computer program. Both parties signed a non-disclosure agreement, which stated that the information specified in the agreement could not be disclosed for three years after the end of the cooperation. An agreement was also drawn up, which specified the obligations of the parties to provide services for the installation and use of payment terminals. One of the parties violated the agreement and used the information without the owner's permission.
The court decided to collect from the company debt, damages and fines in the amount of 42,496,557.69 rubles.
Example 2
Case 33-23/2018 (33-7743/2017) dated June 13, 2018 (Source: ConsultantPlus), where the plaintiff won.
The bank entered into an employment contract and a non-disclosure agreement with the employee. However, the employee violated its terms by performing currency exchange transactions with other market participants, thereby causing damage to the joint-stock company. The court decided to punish the defendant, he had to pay 4,647,412 rubles and reimburse the amount of the state fee paid: 31,437.06 rubles.