In competitive intelligence, it is important to comply with the legal restrictions established by the Russian Criminal Code. These restrictions include the following articles:
Article 183 – “Illegal receipt and disclosure of information constituting a commercial, tax or banking secret.”
Article 137 – “Violation of privacy.”
Article 138 – “Violation of the privacy shareholder data package of correspondence, telephone conversations, postal, telegraphic or other communications.”
Article 146 – “Violation of copyright and related rights”.
Article 147 – “Violation of inventor’s and patent rights”.
Article 158 – “Theft”.
Article 159 – “Fraud”.
Article 163 – “Extortion”.
Article 189 – “Illegal export from the Russian Federation or transfer of raw materials, materials, equipment, technologies, scientific and technical information, illegal performance of work (provision of services) that can be used in the creation of weapons of mass destruction, weapons and military equipment.”
Article 201 – “Abuse of power”.
Article 203 – “Abuse of authority by employees of private security or detective services.”
Article 291 – “Giving a bribe”.
Article 204 – “Commercial bribery”.
Article 210 – “Organization of a criminal community/criminal organization or participation in it.”
Article 128.1 – “Slander”.
Article 275 – “High treason”.
Regulatory aspects of competitive intelligence
And also:
Federal Law "On Personal Data" dated July 27, 2006 No. 152-FZ.
Law of the Russian Federation of 21.07.1993 No. 5485-1 "On State Secrets".
Federal Law "On Commercial Secrets" dated July 29, 2004 No. 98-FZ.
Civil Code of the Russian Federation.
Federal Law "On operational-search activities" of 12.08.1995 No. 144-FZ.
Legislation and law enforcement practice of other countries.
It is important to note that the legality of obtaining information depends on the way it was obtained. If it can be proven that the information was obtained by legal methods and means of competitive intelligence, this means that the relevant information was not properly protected. It also implies the possibility of information leaking through its own bodies responsible for its protection, in some way, whether deliberately or by mistake.
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