Case.
Zhang is a teacher of a training institution, mastering the customer list of the institution, the company did not sign a confidentiality agreement with Zhang, the unit took confidentiality measures to protect the company's trade secrets, after Zhang left his job, he opened a training institution, and took the initiative to contact the customers of the original unit, please ask.
First of all, it should be understood that what is not known to the public is a trade secret, and if it is visible to all members of the unit, it is not a trade secret. Whether a customer list can be regarded as a trade secret depends on whether all employees know about it, and if not all employees know about it, but only a small number of employees know about it, it may be recognized as a trade secret.
If the customer list is identified as a business.
Trade secrets, in terms of criminal law, employees who infringe on trade secrets are sentenced to up to seven years in prison.
In civil matters, if no relevant confidentiality agreement is signed, it is more difficult to determine liquidated damages, and the amount of compensation may not be enough to make employees afraid, which is more likely to encourage employees to leak trade secrets, for example, if the company loses 5 million yuan, the court may award 100,000 yuan due to the existence of no confidentiality agreement.
Criminal law. Article 219: [Crime of Infringement of Trade Secrets] Where any of the following acts of infringement of trade secrets are committed, and the circumstances are serious, a sentence of up to three years imprisonment and/or a fine is to be given; where the circumstances are especially serious, a sentence of between three and ten years imprisonment and a concurrent fine is to be given
1) Obtaining rights holders' commercial secrets through theft, bribery, fraud, coercion, electronic intrusion, or other improper means;
2) Disclosing, using, or allowing others to use the rights holder's commercial secrets obtained by means of the preceding paragraph;
3) Disclosing, using, or allowing others to use the commercial secrets in their possession in violation of confidentiality obligations or rights holders' requirements for the preservation of commercial secrets.
Clearly knowing the conduct listed in the preceding paragraph, obtaining, disclosing, using, or allowing others to use the trade secret, it is considered an infringement of trade secrets.
"Rights holders" as used in this article refers to the owners of trade secrets and users of trade secrets with the permission of the owner of trade secrets.