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Information law. Commercial and banking secrets (the most important)

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44. COMMERCIAL AND BANKING SECRET

Various aspects of ensuring commercial and banking secrecy are regulated in a large number of regulations.

Trade secret regime cannot be established by persons engaged in entrepreneurial activities in relation to specific information specified in the law on commercial secrets.

At the motivated request of a state authority, another state body, a local government body, the owner of information constituting a commercial secret provides them with information constituting a commercial secret free of charge.

If the owner of information constituting a commercial secret refuses to provide it to a state authority, other state body, local government body, these bodies have the right to request this information in a judicial proceeding.

The owner of information constituting a trade secret, as well as state authorities, other state bodies, local government bodies that have received such information, are obliged to provide this information at the request of the courts, prosecutor's offices, preliminary investigation bodies, bodies of inquiry in cases in their proceedings, in the manner and on the grounds provided for by the legislation of the Russian Federation.

Documents containing a trade secret must be marked "Commercial secret" with an indication of its owner (for legal entities - full name and location, for individual entrepreneurs - last name, first name, patronymic of a citizen who is an individual entrepreneur, and place of residence).

A credit institution, the Bank of Russia, an organization that performs the functions of compulsory deposit insurance guarantee the secrecy of transactions, accounts and deposits of their customers and correspondents. All employees of a credit institution are required to keep secret about the transactions, accounts and deposits of its customers and correspondents, as well as about other information established by the credit institution, unless this is contrary to federal law.

The bank is obliged to guarantee the secrecy bank account and bank deposit, account transactions and customer information. Information constituting banking secrecy may be provided only to the clients themselves or their representatives. Such information can be transmitted both orally and provided in the form of written references.

In addition to the clients themselves, information may be issued to courts and arbitration courts (judges). The Accounts Chamber of Russia, the bodies of the State Tax Service and the tax police, the customs authorities in specially established cases and the bodies of preliminary investigation with the consent of the prosecutor. In the event of the death of citizen clients, information about their accounts is issued to heirs, as well as notaries and consular offices.

Certificates on transactions and accounts of legal entities and citizens engaged in entrepreneurial activities without forming a legal entity are issued by a credit institution to themselves, courts and arbitration courts (judges), the Accounts Chamber of the Russian Federation, tax authorities, customs authorities of the Russian Federation in cases provided for by legislative acts on their activities, and if there is the consent of the prosecutor - to the bodies of preliminary investigation in cases being in their proceedings.

Author: Yakubenko N.O.

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