| Abstract [eng] |
The author analyses the content of the confidential information in employment relations, the legal remedies of protection of such information and the application of liability in Lithuanian courts’ practise. The author raises the purpose to review the legal premises determined in Lithuanian legal acts and to form concrete suggestions how to achieve effective protection of confidential information. The undertakings organising economic activities collect innumerable amount of confidential information, however, only by suitable legal remedies protected confidential information can raise the competitive advantage for the undertaking in comparison to the other market participants. Lithuanian legal acts inflict the right for the authorised management organs of the enterprise to define what information can be hold confidential in the particular enterprise. The question ‘what particular information can be hold as confidential?’ often arises in practise, consequently, the author gives the sample of the confidential information list and determines what information according to the legal acts of the Republic of Lithuania is held as public information. In Lithuania the confidential information is regulated by different legal acts, therefore, the existence of such scattered regulation raises the obscurity what remedies the undertaking should adopt to achieve the protection of confidential information. Consequently, the author further suggests the concrete legal remedies for the protection of the confidential information. The enterprise has to plan and inflict the system of the protection of confidential information and to sign a confidential agreement as a separate document with the new employees. The author analyses the non-compete agreement as the remedy of the confidential information protection and other legal protection remedies – the list of confidential information and the order of use of such information as local legal acts adopted by the authorised management organs of the enterprise. The author describes discipline, civil, material and other liability forms inflicted by legal acts for the disclosure of confidential information. Noteworthy, that the inaction to legalize the confidential information inside the enterprise is a ground to free the employee from the liability of the confidential information disclosure. The practice of the Lithuanian courts related to the analyzed matter is rather poor, consequently it is based on the reason that the violation is obvious, but the employer enacted to protect the confidential information by legal remedies. |
