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To promote international service outsourcing business in China proper protection of confidential business information, maintaining fair competition environment and promote China's service outsourcing industry, further development, the Department drafted "on the territory of international service outsourcing enterprises to undertake a number of provisions protecting business information," is now open for comments, feedback deadline for July 26, 2009.
Phone: 65198967
Fax: 65198905
E-mail: [link widoczny dla zalogowanych]
Address: No.2 Dong Chang'an Avenue, Beijing, Law Department, Ministry of Commerce (100731)
On the territory of international service outsourcing enterprises to undertake a number of provisions protecting business information
(Draft)
The first is to promote international service outsourcing business enterprises in China (hereinafter referred to as access package side) to properly protect confidential information, maintaining fair competition environment and promote China's service outsourcing industry, further development, according to "Contract Law" and other laws, administrative regulations, the development of this provision.
The second term in the provisions of international service outsourcing business is connected to the outside through the contractual package of enterprises, institutions, organizations, individuals, or set up in China's foreign-invested enterprise (hereinafter referred to as the Employer) to provide information technology outsourcing services, technical business process outsourcing services such behavior.
Article The term Confidential Information means a business information or data:
(A) access packet side in the process of undertaking service outsourcing business to obtain from the Employer;
(B) the security measures taken by the Employer and not to the public;
(C) access package side under the contract shall bear the obligation of confidentiality.
Article access package side and its shareholders,[link widoczny dla zalogowanych], directors, supervisors,[link widoczny dla zalogowanych], managers and employees shall not violate the outsourcing contract, disclosure,[link widoczny dla zalogowanych], use, or allow others to use the Employer's confidential information.
Article access package shall set up information protection agency or designated full-time staff responsible for the development of the enterprise information protection regulations of the confidential information to take reasonable, specific and effective security measures, including but not limited to:
(A) limit the scope of classified personnel;
(B) confidential information carrier and its storage place to take physical control techniques to prevent improper access to information or access by others;
(C) the record of confidential information vector management at different levels;
(Iv) formulation content and procedural steps and other important information stored in encrypted save or restricted area;
(E) use the password confidential information carrier;
(Vi) there is confidential information of the plant,[link widoczny dla zalogowanych], workshops, offices and other places restricted visitors or confidentiality requirements on them;
(Vii) there is confidential information on a computer to establish an effective network management and data protection measures, establish a strict authentication and access authorization system, using a sound system backup and recovery method, regular security patches and virus database upgrades.
Article access package shall with the staff, especially classified staff sign confidentiality agreements, noncompete agreements, as well as third-party classified staff to sign confidentiality agreements and other measures to ensure information security.
Article access package party should strengthen the information security training for employees, enhance employee security awareness and avoid the occurrence of leakage of confidential information.
Article VIII of packets received from domestic and foreign parties should actively information security certification requirements,[link widoczny dla zalogowanych], industry best practices to develop internal information security management system, and access to domestic and international information security certification.
Article IX shall actively take packages of information security management system for internal inspection and maintenance, continuous improvement and internal information security system.
Article access Wrapped in a breach of confidentiality agreement between the Employer or services the confidentiality provisions in outsourcing contracts, the Employer can contract a confidentiality agreement or outsourcing agreement for arbitration or to the competent court.
Article XI shall then package then package express agreement with the Employer for the Employer party to provide services to fulfill the obligation of confidentiality of information generated by the process of intellectual property or ownership of the technology.
Article XII shall not infringe the Employer Package then legally entitled to trademark, patent, copyright and other intellectual property rights.
Article XIII relevant industry associations and other intermediary organizations should strengthen industry self-regulation, can be published regularly received confidential information party package work.
Article XIV access package party to undertake the Hong Kong SAR, Macao SAR and Taiwan business services outsourcing, with reference to the application of this provision.
The provisions of Article XV of the Ministry of Commerce and the Ministry of Industry and Information Technology explained.
The provisions of Article XVI of the effect from the date of 2009 years.