Trade Secret & Trade Secrets Act

ILPA Service Description

WHAT PURPOSE DOES ILPA MEET?

 

The aim of the INTELLIGENCE LOSS PREVENTION AUDIT [ILPA] is to investigate the potential loss of trade secrets from different risk perspectives in order to assist the well-founded outcomes with the implementation of appropriate safeguards. The into force coming EU Directive 2016/943 on the protection of trade secrets against unlawful acquisition as well as unlawful use and disclosure also protect their non-proprietary know-how by confidentiality measures, urge companies to assess the potential risk and to ensure future secrecy.

The different types of risk are very diverse and come from the most varied business areas and business activities in the enterprise. Individually or in combination, they have different characteristics on the development of companies. Between excellent success and disastrous failure often decides a marginal misjudgment in dealing with one's own or someone else's business secrets.

Although the ILPA focuses its attention on the prevention of know-how loss, it is not advisable to consider the new law only one-sidedly and solely on the loss of own business secrets. The EU Directive also highlights the ban on the use of non-company trade secrets and provides for clear legal consequences in the event of infringement. Even the ignorant possession of foreign business secrets can involve companies in unwanted litigation and bring fatal risks.

In both cases, it is important to capture all possible interfaces for knowledge transfer. It is strongly recommended to identify and continuously control all the sensitive points in the company. These hard-to-control management points are verified for unlawful transfer of business secrets to or from the company.

WHAT DOES ILPA?

 

Due to their high quantity of these management points as well as their high level of activity these weaknesses can only be checked efficiently and qualitatively with the help of artificial intelligence. ROBOTIC GRC | 365 - an in-house development of Prosper Intelligence - is therefore an integral part of the ILPA program. With the help of our software, we offer our clients an ad-hoc or consecutive long-term service to ensure the correct handling of trade secrets. ILPA focuses on the following points based on accumulated experience:

Total inventory of the company | A largely missing overall overview in the form of a company-wide inventory (regardless of the size of the company) is created right at the beginning of the project. In this way, ILPA can later determine the exact risk potential in the affected organization rate. The mapping of the corporate structure is required in ILPA!

Collection of trade secrets | This includes the exact location and classification of data after their vacancy throughout the company. In this case, emphasis is placed on whether information is to recognize that, according to the EU directive, represent an economic value for one's own or another company. The capture includes all workstations as well as storage media in the data center! Common file formats, business applications, database systems, and e-mail communication are checked. In this way, access to all sources of information is presented holistically.

Staff and management | Who are the secret carriers in the company? This question must be clarifed. Regardless of whether intentionally or unconsciously, potential internal offenders are considered high risk. It is necessary to determine whether access to data is authorized or unauthorized. Often, the person concerned is not even aware that they are a secrets and by careless behavior, the loss of commercially valuable data at risk. Regardless of whether staff turnover or the Use of external staff, relocating knowledge must be submitted to a legal review.

Information access by third parties | Almost no company today can work alone and independently! The pressure on the economy through cost reduction and efficiency control programs has created the hybrid business operation. The cooperation with a variety of suppliers and service providers is normal! The exchange of confidential business parameters often forms the basis for cooperation. However, to what extent these are protected by confidentiality agreements must be examined individually. An additional risk factor is ongoing changes in the economy, which constantly change an overview. Regular M&A can greatly influence cooperation with suppliers and service providers. They massively change the concentration risk in dealing with business secrets.

Access to information through Fourth, Fifth and Sixth | The result of massively operated outsourcing initiatives is the unmanageable networking of companies that often work simultaneously for several providers in one sector. Their specialization in certain industries has increased their attractiveness massively. But mostly through accumulated knowledge from customer projects! It is therefore typical that third parties outsource their own production and risk to of lose secrets of their client. It is particularly serious when it happens outside the EU and thus legal ambiguities, generated. In such cases, third parties are limited to transfer business critical information only to approved fourth, fifth and sixth (such as: sole proprietorship) parties and are obliged to regularly audited the chain!

Contract-compliant documentation | An essential part of the ILPA is the completion of the documentation. Under contract-compliant documentation a properly documented state with all parties and contributors has to be assured. These includes internal as well as external confidentiality agreements as well as policies that guarantee a continuing effort to maintain secrecy. Weaknesses are detected in the course of the ILPA by the algorithms of ROBOTIC GRC | 365 and represented as a risk. The system generates reports, calls for action and helps to avoid uncertainty for a company. Cease-and-desist requests to internal or external parties and contributors can thus be earlier and more targeted to be pronounced. The evidence counts!

FINAL REPORT AND ACTION CATALOG | The success of ILPA is not measured solely by whether the goals set at the beginning of the project have been achieved. It is particularly important to us with ILPA to gain insights that were not foregrounded in scope and to offer the customer added value. Often, companies have ignored cost-cutting and entropy potential so far. The essential The results of the risk audit are provided to the company in the form of a final presentation and final report. The catalog of measures contains all the necessary details graded according to criticality and time required to ensure efficient implementation.

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