The hottest HR at the end of the year to guard aga

2022-08-26
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HR: beware of leakage of trade secrets at the end of the year

it is the day for small and medium-sized enterprises to make full efforts to complete the annual performance indicators at the end of the year. However, the business owners of these enterprises may not realize that the fixture 1 of companies such as Instron, MTS, Zwick, etc. is as meticulous as the fixture 1, and they are encountering the "intelligence war" of their competitors

while many domestic enterprises are still obtaining information through "traditional" means such as eavesdropping and poaching, some more covert and deceptive information wars have made business owners defenseless, and the "secret stealing" enterprises have suffered heavy losses and are even on the verge of bankruptcy. The anti intelligence collection work of domestic enterprises needs to be strengthened

Chen Biaofeng, deputy director of the Training Department of Shanghai generation enterprise development promotion center, who has been engaged in enterprise intelligence collection and investigation for many years, recently reported to this newspaper that some of these enterprises that take the initiative to engage in "information warfare" are actually well-known large companies. Among them, Nike transformed more than 12.5 million pounds of factories and post consumer waste from landfills in fiscal 2017. Some enterprises even publicly recruited full-time enterprise intelligence personnel to collect economic intelligence from domestic enterprises

surprisingly, the above-mentioned enterprise intelligence personnel did not use illegal means such as stealing, eavesdropping, tracking, buying, and sending spies to obtain intelligence, like the commercial spies in Hollywood blockbusters. Usually, their strategies and means appear to be more legitimate and open, and most domestic enterprises lack awareness of this prevention, so that the core business secrets of enterprises have been "leaked" unconsciously

method 1: under the guise of "talent recruitment", Chen Biaofeng said that a well-known cosmetics company once advertised on the Internet to recruit 500 fresh graduates majoring in marketing or business administration and MBAs regardless of region, promising extremely favorable treatment. Then it was announced that since there were only 500 recruitment positions in total, but there were 100000 applicants, in order to better screen talents, a group of three people will be used to practice the actual operation of the enterprise, and the unexpected emergencies will be used as a scene to examine the "adaptability" of the candidates

on the surface, this is a very ordinary recruitment activity, but behind it lies a profound mystery. According to Chen Biaofeng's analysis, due to the large number of applicants and the small number of recruitment positions, it is bound to form an extremely fierce competition scene. However, fresh college graduates usually do not have rich practical work experience. How can they ensure that they can "pass the test"? The most effective way is to ask parents or relatives and friends who are engaged in the cosmetics industry for "coping" strategies. And their parents, relatives and friends are willing to give their "secrets" to each other in order to get high paid and promising positions

therefore, they will have "outstanding performance" in the "strain test", which naturally cannot escape the eyes of enterprise intelligence collectors disguised as "interviewers". "Recruitment" has evolved into a "feast" for the most centralized collection of "business intelligence". The core business secrets of many similar enterprises often flow to the above recruitment units during this period

method 2: let the third-party intermediary "voluntarily" disclose secrets

if we say, the way of large-scale recruitment to obtain enterprise intelligence is still a little time-consuming and laborious. Then, it is easier to obtain the core secrets of competitors by using the psychology of third-party intermediaries eager to obtain orders

a beverage industry giant obtained the core strategy of its competitors' product management through a "public bidding" for advertising companies. They found several advertising companies that had planned advertisements for their competitors, and asked them to formulate an advertising plan that could defeat their competitors and explain the reasons, so as to decide who would "spend" the advertising agency

in order to obtain the above advertising agency rights, several advertising companies have leaked all the information they know about "regular customers"

there is also a large automobile enterprise, who wants to know the development plan of an automobile manufacturer in Northeast China in the next five years. In the name of affiliated enterprises, they found a most famous local enterprise consulting company and asked the consulting company to provide a three-year development plan on the pretext of investing in related industries. In order to complete the report, the consulting company obtained the development strategy of the Northeast auto manufacturer in the next three years through various means, and formulated the corresponding development plan. This plan has made the above-mentioned foreign automobile companies win many battles in the business war

means 3: unprofitable trade is only for business intelligence

Chen Biaofeng revealed that the means by which large companies obtain the core business secrets of their competitors are not limited to this. An East Asian construction steel company in China has a steel trading company in Shanghai. This steel trading company often wholesale steel to other construction steel companies at low or even unprofitable prices, in order to make this steel trading company play the role of "commercial spy"

How can small and medium-sized enterprises tighten the "fence"

in the face of the aggressive intelligence "attack" of multinational companies, are small and medium-sized enterprises helpless? Chen Biaofeng, deputy director of Shanghai generation enterprise development promotion center, gave the answer "no"

he believes that formulating confidentiality regulations, harmonizing the internal relations of enterprises, paying attention to fuzzy information, and setting up special personnel or institutions to "prevent counter reaction" will be the best means for small and medium-sized enterprises to prevent micro development and prevent the "leakage" of core business secrets of enterprises

formulate confidentiality regulations. Chen Biaofeng believed that the importance of "confidentiality" should be repeatedly emphasized to employees, and some important business secrets should be explained to them, which should not be spread out. For the core business secrets of the enterprise, the number and scope of insiders should be minimized. Employees in important and key positions are required to sign confidentiality agreements and prohibition agreements to prevent the loss of these employees, which will bring huge losses to the business operation

harmonize the internal relations of the enterprise. Most of the "leakage" events of trade secrets are caused by the non proportional elongation stress Rp0.2 (MPA) stipulated by the employees who hold the secrets, which is not harmonious and contradictory with the senior management of the enterprise, and even against each other. Chen Biaofeng therefore believes that in order to reduce the leakage of trade secrets, we must harmonize the relationship between ordinary employees and management, improve their treatment, and govern the enterprise with "benevolence and righteousness"

attach importance to fuzzy information. In Chen Biaofeng's definition, the definition of fuzzy information is that all kinds of written and oral information about the enterprise (including those still in the process of brewing) spread inside and outside the enterprise organization without public publication by the mass media or confidentiality measures taken by the owner, which is between the two categories of public development form and trade secret, accounting for 5% of all information of the enterprise (90% of public information and 5% of core trade secret). Although the proportion is not high, it is often closely connected with core business secrets, and may often be speculated by competitors to detect their true intentions, so it is very important. At present, the focus of multinational companies to obtain business intelligence is precisely the 5% fuzzy information. Internal publications and related enterprises such as banks, taxation, industry and commerce, customers, etc. are the channels of fuzzy information dissemination. Reducing the output of fuzzy information through these channels will be a focus of enterprise intelligence work

set up a full-time organization or a special person to "prevent counter reaction". What kind of information can be disclosed, what kind of information belongs to fuzzy information, and what kind of information belongs to core secrets; Different levels of information also need different "prevention" means, which requires enterprises to set up departments or special personnel to "prevent counter reaction" and carry out special training for full-time personnel, so as to effectively prevent the "leakage" of core business secrets

lawyer's point of view:

stealing trade secrets is suspected of unfair competition

through global recruitment, learn the competition secrets of other companies from fresh graduates who are not deeply involved in the world; Through the public bidding of advertising agencies, we can get the latest information from our competitors. Nearly all aviation fields will obtain growth marketing strategies... The "espionage war" launched by multinational companies to obtain trade secrets is becoming more and more "covert", and most of them use legal means, which seems not to be illegal

lawyer Du Yueping of Shanghai Yueping law firm pointed out that no matter whether the means are legal or not, if the relevant enterprises deliberately take the above-mentioned means with the appearance of "legality" in order to obtain business secrets, "covertly" obtain the business secrets of competitors, and thus obtain improper benefits, causing huge losses to competitors, they may be suspected of unfair competition

the relevant injured enterprises can file a lawsuit based on this, and make a claim based on the benefits they have obtained and the losses they have suffered. However, the premise is that it must be proved that the other party has taken the above-mentioned means to obtain its own trade secrets, and there is indeed a subjective intention

Du Yueping said that it is difficult to obtain this evidence, but if it cannot be proved, it cannot be explained that the relevant competitive enterprises indeed carried out relevant activities in order to obtain their own trade secrets, resulting in the failure of the lawsuit

(end)

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