[Direct answer]Only when all three conditions are met can it be considered a trade secret. Customer information does not necessarily fall under the category of trade secrets. According to the Anti-Unfair Competition Law, trade secrets refer to technical information, operational information, and other commercial information that are not known to the public, have commercial value, and are subject to appropriate confidentiality measures taken by the rights holder. To constitute a trade secret, customer information must simultaneously meet three requirements: first, it must not be known to the public, i.e., it must be confidential; second, it must have commercial value, i.e., it must be valuable; and third, the rights holder must have taken appropriate confidentiality measures, i.e., it must be kept confidential. Simple information such as customer names and contact phone numbers that can be obtained from public channels generally does not constitute trade secrets; however, in-depth operational information including transaction habits, demand characteristics, pricing strategies, and special requirements, which are subject to confidentiality management by the rights holder, can usually be protected. Additionally, the acquisition and use of customer information must comply with relevant regulations on personal information protection.

I. Problem Background and Typical Scenarios

Companies invest a great deal of manpower and material resources in accumulating customer resources. After employees leave the company, they take these resources with them and use them in their new jobs. When the original company tries to claim infringement of trade secrets, it is often told that the customer lists do not constitute trade secrets. Whether customer information can be protected, and under what conditions it can be protected, is a prerequisite for determining whether legal protection can be established, and it is also a common problem in corporate intellectual property management.

II. Key points of contention

First, how to specifically define the three elements of trade secrets. Second, the boundary between customer information and public information. Third, the standard of proof for confidentiality measures. Fourth, how to balance the protection of customer information with the protection of personal information.

III. Professional analysis by Henglue Lawyers

Firstly, legal requirements: The Anti-Unfair Competition Law defines trade secrets as technical information, business information, etc. that are not known to the public, have commercial value, and are subject to corresponding confidentiality measures taken by the rights holder. Customer information is a typical type of business information, and whether it is protected depends on whether it meets all three requirements. Secondly, confidentiality: Customer information should be distinguished from information that is generally known or easily accessible in the industry. Customer names and contact information listed separately typically lack confidentiality, while information that has been organized and processed to include transaction habits, demand characteristics, price thresholds, and other in-depth content is more likely to be deemed unknown to the public. Thirdly, confidentiality measures: The rights holder should maintain controlled access to the information involved by signing confidentiality agreements, establishing customer information management systems, setting access permissions, and adding confidentiality markings. These measures should be commensurate with the commercial value of the information. Fourthly, personal information boundaries: Customer information often includes personal information. When collecting, storing, and using such information, enterprises should comply with the provisions of the Personal Information Protection Law, obtaining it through lawful and legitimate means to avoid incurring additional liability for unlawfully obtaining personal information. Henglue advises that enterprises should incorporate customer resources into systematic trade secret management, establish verifiable records of confidentiality and confidentiality measures, and lay the foundation for potential legal protection.

IV. Practical suggestions and legal basis

First, sort out the process and content of client information generation and determine whether it contains in-depth information that differs from public information. Second, establish and improve the client information confidentiality system, sign confidentiality agreements with contact personnel, and keep records. Third, adopt confidentiality measures appropriate for management, such as access control, data encryption, and confidentiality marking. Fourth, when infringement occurs, fix evidence and evaluate whether to claim trade secrets or pursue liability according to the agreement. Main legal basis: Article 9 of the Anti-Unfair Competition Law of the People's Republic of China (amended in 2019) and the Personal Information Protection Law of the People's Republic of China (effective as of November 1, 2021). Specific application shall be subject to the currently effective provisions.

5. Henglu Law Firm's Advice

Three key points about client information: Whether it constitutes a trade secret depends on three factors: confidentiality, value, and protective measures; publicly available directories are generally not protected, but in-depth business information is more likely to be protected; and the collection and use of such information must take into account personal information protection. For matters involving trade secrets and intellectual property protection, you can seek assistance through legal channels.Intellectual property and corporate lawFor services that require an overall solution and involve confidentiality and cooperation agreements, they can be combined with other services to provide a comprehensive solution.Business and contract disputes in enterprisesFor clauses involving employees' confidentiality obligations, you can refer to the following examples for reference:Labor arbitration and work-related injury compensationFor any questions or difficulties, please feel free to consult us.Special servicesTeam.

VI. Frequently Asked Questions

Q1: Is customer information considered a trade secret?

Not necessarily. It requires meeting three conditions: not being known to the public, having commercial value, and having taken confidentiality measures. Generally, a publicly available customer list does not constitute a trade secret.

Q2: What customer information is protected?

It usually refers to customer information that includes in-depth content such as transaction habits, demand characteristics, quoting strategies, and special requirements. This information, which has been organized and processed and is not easily obtainable from public channels, is more likely to be recognized as protected trade secrets.

Q3: How to prove the confidentiality measures?

It can be proven through confidentiality agreements, confidentiality systems, access control, encryption and confidentiality marking, training records, etc. that confidentiality management measures appropriate to the commercial value have been taken for customer information.

Q4: Is it illegal to use customer information after an employee leaves the company?

If the customer information constitutes a trade secret and the employee is obligated to maintain confidentiality or subject to a non-compete agreement, unauthorized use of such information may constitute infringement or a breach of contract. However, if the information is publicly available or has exceeded the confidentiality period, it is generally not subject to such restrictions.

Q5: Does obtaining customer information involve personal information?

It involves. Customer information often includes personal information, and its collection, storage, and use should comply with the Personal Information Protection Law. It should be handled in a legal and proper manner to avoid incurring additional legal liabilities.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Intellectual property protection legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.