Ochrona tajemnicy przedsiębiorstwa w toku kontroli Państwowej Inspekcji Pracy
Protection of trade secrets in the course of checks by the National Labour Inspectorate

Summary/Abstract: The authority of the National Labour Inspectorate conducting a check at a workplace has general access to information and data concerning the enterprise. This state of affairs is understandable given the need to ensure a proper assessment of the rule of law in employment relationships. The check is not possible if certain data or information, necessary for the establishment of the facts, would remain concealed. The labour inspector has the right of access also to data covered by trade secret. At the same time, bearing in mind that trade secret constitutes qualified information, subject to specific legal protection, it may be subject to reservation in the course of check of the National Labour Inspectorate by the entrepreneur. Recognition of information as a trade secret takes place at the request of the entrepreneur, submitted to the report, which due to its importance is subject to assessment – as to its legitimacy – by the labour inspector. The purpose of the study is to present the issue of the protection of trade secrets in light of the provisions of the National Labour Inspectorate Act.

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