SELF-ASSESSMENT - KEY BUSINESS INFORMATION

To what extent do you think you have control over your sensitive business information?

Assess where you stand by answering the following questions.

Your answers will be kept confidential by KBI.
Your estimated response time: 8 minutes.

Prior general information about you and your company.

1. What is the business area of your company?

2. What is the turnover of your company?

3. In which region(s) of the world does your company primarily generate its sales? (several answers possible)

France

European Union (EU)

Europe (non-EU)

Africa

North America

South America

Asia

Middle East / Central Asia

Oceania

4. Where are your company's headquarters?

5. What are your areas of activity within your company/group?

1. Can you clearly identify trade secrets?

2. In your opinion, can the following information fall under the trade secret regime?

Manufacturing process

yes no

Plans, algorithms, source codes

yes no

Databases

yes no

Franchise agreements

yes no

Marketing and sales strategy

yes no

3. In your opinion, sensitive information:

must be explicitly described in a document in order to be considered as a trade secret.

yes no

shall be registered with a specific organization in order to be protected as a trade secret.

yes no

does not have to be justified in order to be protected as a trade secret.

yes no

must be clearly identified by the words "trade secret" in order to be protected as such, irrespective of its medium (paper, electronic, etc.).

yes no

A judge can order a recall of your products merely because you made unauthorized use of a third party's confidential information.

yes no

4. Has your company ever faced the following issues?

Breach of contractual obligations: non-competition, confidentiality, or non-reuse of information (during or after the performance of the main contractual obligations).

yes no

Data theft by an employee, a business partner, a competitor, or by means of a cyber attack.

yes no

Patent: disclosure (publication) of your innovation, limited duration of protection, high cost.

yes no

M&A: the target or acquired company is not authorized to use information although useful to its business, or information it holds have proven to be irrelevant or poorly protected.

yes no

Breach of a director's secrecy obligation.

yes no

Legal proceedings: seizure of sensitive documents, transmission to a competitor, loss of confidentiality of a piece of evidence.

yes no

5. Do you know if your company has measures in place to manage your trade secrets?

I am not aware of such measures.

I think that measures exist but that they do not apply to me.

I know that measures exist but I don't know where I can find them nor to whom they apply.

I know that measures exist, I know where I can find them but I don't know how to use them.

Measures exist, they are readily accessible and I know how to use them.

6. Do the employees of your company know the sensitive information management rules?

I don't know.

Few employees know or correctly apply the company's rules.

Only certain employees are concerned and systematically apply the rules.

These measures are known to all employees but not always or not correctly applied.

These measures are systematically applied by all employees.

7. Are your business partners aware of your policies on how to handle your sensitive information?

I don't know.

Few partners know or correctly apply the rules of my company.

Only certain partners are concerned and systematically apply the rules.

These measures are known by all our business partners but not always or not correctly applied.

These measures are systematically applied by all our business partners.

8. Who organizes the management of trade secrets in your company?

No person or department is in charge of issuing protection rules and enforcing them.

Each department manages its secrets depending on the situation.

Only one or two departments ensure compliance with the instructions that concern them (e.g., the IT department for information systems security or the legal department for signing confidentiality agreements).

A body dedicated to governance but only for certain trade secrets within the company (e.g. the EXCOM or a special committee bringing together several departments).

A body dedicated to the governance of all the company's trade secrets and those from third parties with the support of the board of directors or of the supervisory board (e.g. the EXCOM or a special committee bringing together several departments).

9. Since the French Trade Secrets Act of 2018, do you know if new steps for managing and protecting confidential information have been put in place within your company?

Under consideration

In progress < 50%

In progress > 50%

In force

I don't know

I don't think this applies to my company

10. What are the main impediments to changing your sensitive information management measures as a result of the French Trade Secret Act of 2018?

Lack of reference, of method.

yes

Lack of appropriate tools (to identify and manage your sensitive information).

yes

Lack of time.

yes

Lack of corporate culture on the issues.

yes

Your name & last name*

Your email*

Name of your organization

Your phone number

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