Trade Secret Protection Research Articles

Theoretical Justifications for Trade Secrets Protection of Routine Business Information

Theoretical Justifications for Trade Secrets Protection of Routine Business Information

ПРОМИСЛОВЕ ШПИГУНСТВО: ТЕРМІНОЛОГІЧНИЙ АСПЕКТ

The article examines the theoretical aspects of industrial espionage in the terminological context. It substantiates the importance of protecting trade secrets from industrial espionage against the background of an increase in their share in the structure of the intellectual property portfolio and strengthening their contribution to the competitiveness of innovative companies in the global economic space. The paper also examines the essence of industrial espionage through the prism of comparison with other categories, namely, economic espionage, corporate espionage, and competitive intelligence. It explores different approaches to the interpretation of these categories. The analysis reveals the existence of variants of their identification, synonymous use, and a certain intersection of essential features. Based on the results of the comparison of industrial espionage, economic espionage, corporate espionage, and competitive intelligence, it is established that these categories are independent and non-identical, with certain common features, which is a manifestation of the dialectical combination of the general and the particular for various forms of gaining access to commercially valuable information. The publication highlights important features of industrial espionage that reveal its essential characteristics, including: systematic, planned nature of implementation; typically, a high level of organisation and preparation; targeted focus on gaining competitive advantage/ income; unauthorised access to information that constitutes a trade secret; violation of legal and ethical standards by individuals and legal entities for private purposes; hidden nature; a wide range of types and tools; no sectoral restrictions on the scope of the activity; a significant range and duration of negative consequences; difficulty in assessing actual losses, etc. The identification of the main features of industrial espionage is the basis for its understanding as a distinct category, which will help to strengthen the theoretical and methodological basis for innovative companies to make effective management decisions on building an effective system of protection against industrial espionage.

The Importance of Authentic Deeds in Contracts Keeping Company Secrets

This study aims to review; 1) What aspects need attention in making agreements to keep company secrets?; 2) What is the significance of an authentic Deed in making an agreement keeping company secrets?. The research method used is evaluative descriptive research. Evaluative research is basically centered on final recommendations that affirm that an object of evaluation can be maintained, improved, improved or even dismissed in line with the data obtained. The results showed that; 1 The most that companies do to keep company secrets is done by making written agreements between the company and employees within the company and outside parties with an interest in the company. 2) The tendency to choose the Company's form of protection is at least based on two reasons, including the following: First, because often the substance that is desired to get protection is something that cannot be patented, such as the company's customer list, financial data, business notes and others. Secondly, it is also possible that what wants to be protected is actually possible to be granted a patent, but inventors prefer this form of trade secret protection for various reasons such as unlimited protection periods, more guaranteed confidentiality values, high fees at patent offices and complicated registration formalities

The Legal Consequences of Transferring Trade Secrets on Under Hand’s Scheme

Introduction: Unauthorized transfer of trade secrets can harm the owner, cause financial loss, damage reputation and trigger legal action. In the era of globalization and technology, the transfer of trade secrets is increasingly urgent to be legally regulated. Legislation has been implemented in various countries to protect trade secrets, but the legal consequences vary. The repercussions involve financial loss, reputation, legal action and ethical business considerations.Purposes of the Research: The purpose of this study is to investigate and analyze the process of identifying and handling the transfer of trade secrets under the hand in Indonesian legal practice. This study also aims to understand the legal consequences that apply to the perpetrators of private transfer of trade secrets in the Indonesian legal system. Methods of the Research: This research uses normative legal research methods to analyze statutory regulations, court decisions, and legal literature related to the private transfer of trade secrets. A statutory approach helps understand the applicable legal framework. Data sources include various legal documents and legal literature, with data collection techniques focusing on document analysis and literature study. Data analysis involves identifying trends and legal implications of cases related to private transfer of trade secrets in the Indonesian legal context.Results of the Research: The process of identifying and handling illegal transfers of trade secrets in Indonesia is an important step in protecting business and industry. It covers the steps from identification to prosecution, with reference to regulations such as the Trade Secret Act. Trade secrets must be confidential and have economic value. Prevention through internal security policies and employee training is also necessary. Perpetrators of the transfer of trade secrets may face civil, criminal and administrative actions in accordance with applicable law, with consequences including criminal sanctions, demands for compensation and confiscation of goods or documents. Protection is also given to whistleblowers in good faith. Internal policies, nondisclosure agreements, and consulting legal advisors are important for protecting trade secrets. All parties must understand and comply with the law to maintain business integrity in Indonesia.

The proportionality between trade secret and privacy protection: How to strike the right balance when designing generative AI tools

Conflict between the right to privacy and data protection and the right to protect trade secrets must be regarded as more or less inevitable. The balancing of different rights is an issue of fundamental importance in data protection and privacy. Navigating the spectrum between the protection of technological development and the protection of fundamental rights is crucial to ensure safer implementation of generative AI tools. The proportionality principle serves as a globally recognised legal instrument to resolve the existing conflicts of fundamental rights. This poses the question of whether there is a need to reevaluate the balance between the disclosure of technical aspects and privacy and data protection rights and related obligations imposed on privacy engineers when developing generative AI tools. The concept of the proportionality principle, which is composed of the test of necessity, suitability and proportionality `sensu stricto`, can address the most vital tensions or interactions between these rights (especially when supported by the application of the appropriate legal framework). Therefore, this paper contributes not only to the discussion of a balanced approach when implementing AI tools, but also presents some general considerations for the global, regional and country-specific legal regulations (including different types of regulations and modes of enforcement when taking into account some technical aspects of the AI tools) within artificial intelligence that can support achieving this aim. To this end, this paper could be of value not only for lawmakers and developers of generative AI systems, but equally for practitioners, including law firms, to navigate the complex ethical and regulatory landscape in a thoughtful and cautious way.

Protection of Trade Secrets in the Context of Indonesian Law and the TRIPS Agreement

This research explores the legal framework governing trade secret protection in Indonesia, aligning with international standards set by the TRIPS Agreement of the WTO. Utilizing normative legal research and legislative analysis, the study evaluates the effectiveness of Law No. 30 of 2000 on Trade Secrets in providing crucial legal safeguards for economically valuable confidential information. The dispute resolution process for trade secret violations in Indonesia involves legal steps such as violation identification, evidence collection, mediation, arbitration, and civil proceedings, culminating in court decisions determining compensation and, if necessary, criminal penalties. The study finds that Indonesia's trade secret laws significantly impact innovation, trade, and investment, playing a vital role in international dispute resolution and providing robust rights to trade secret owners. Highlights: The study evaluates the effectiveness of Indonesia's Law No. 30 of 2000 in aligning with international standards for trade secret protection, specifically those outlined in the TRIPS Agreement of the WTO. The research outlines the comprehensive dispute resolution process in Indonesia for trade secret violations, encompassing identification, evidence collection, and legal proceedings, with court decisions determining compensatory measures and potential criminal penalties. Findings underscore the substantial impact of trade secret protection on fostering innovation, facilitating trade, and attracting investments in Indonesia, while playing a pivotal role in international dispute resolution mechanisms. Keywords: Trade Secrets, Legal Protection, Indonesia, TRIPS Agreement, Innovation

Legal regulation of trade secrets under the legislation of Ukraine and the EU

Today, the legislation of Ukraine on trade secrets is not systematized and has significant gaps. Relations regarding trade secrets are regulated by the several legal acts relating to various branches of law, and determine only the general principles of legal regulation of such relations. Detection of discrepancies in the legislation of Ukraine and the EU means that the legal protection of trade secrets in Ukraine is uneven and fragmentary, and therefore insufficient. The development of cross-border economic relations between economic entities of Ukraine and the EU requires a unified approach to solving the issue of protecting trade secrets, the absence of which requires studying these issues and developing practical recommendations aimed at approaching the legalregimes of protecting trade secrets in Ukraine and the EU.This article contains the analysis of the provisions of the legislation of Ukraine on the protection of trade secrets, international legal acts in this field and Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protectionof undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure. As a result of the analysis, it was established that: in Ukraine, there is no special legislation on the protection of trade secrets; the concept of trade secret in Ukraine fully corresponds to the concept of a trade secret it the Directive (EU) 2016/943, as well as to the concept of an undisclosed information in the TRIPS Agreement. At the same time, the concept of trade secret in Ukraine needs to be clarified regarding one of the essential signs of trade secret. In addition, in the legislation of Ukraine there is no single approach to the use of the concept of knowhow, as well as regarding the assignment of know-how to IP.
 The legislation of Ukraine requires the implementation of the provisions of European legislation on the legal regulation of trade secrets, namely: not classifying trade secrets as IP objects, while it is an addition or an alternative to IP rights; allocation in the «trade secret» of two types of objects - know-how and business information; determination of reengineering by a fair way of identifying trade secrets; determining the conditions for the lawful acquisition, use and disclosure of trade secrets.

Demystifying China’s trade secrets law in action: a statistical analysis

This article attempts to conduct a detailed empirical study on trade secrets litigation in China. In a nutshell, using 33 coding criteria, this article studied 2810 judicial documents published between 2013 and 2021 related to trade secrets litigation. Of the 2810 documents, 745 concerned substantive trade secret issues, with 885 trade secret claims addressed by Chinese courts. The article mainly aims to fill two research gaps in the current literature. First, it is unclear whether, during the past two decades, China indeed provided inadequate trade secrets protection in practice because of its ‘defective’ statutes, as alleged by the US government. Empirical evidence is needed to test whether the previous US criticisms conformed with the working situation of China’s trade secrets litigation. Second, the enforcement level of trade secrets law in books in China remains a myth. The argument that China has adopted a strict trade secret law in books similar to the US has little practical value if China did not enforce the trade secrets law in practice. Empirical evidence is required to demystify the enforcement situation of trade secrets law. This article, thus, fills these two gaps by presenting empirical findings on trade secrets litigation from 2013 to 2021 in China.

IP Law and Policy for the Data Economy in the EU

Abstract The current policy vision for Europe’s digital future centres around facilitating the availability of data by means of data access, sharing, and portability rights. In the existing legal framework, such rights are already foreseen in different legal instruments. In actual practice, however, (horizontal) data sharing is governed in the first place by contracts. Currently, well-established business practices and non-mandatory model contract terms are lacking. To reduce transaction costs and chilling effects in the sector, the main task would therefore be to provide a set of non-mandatory default rules or soft-law model contracts. The database maker’s sui generis right or trade secrets protection, mainstays of this area, have the potential to aggravate access problems and hamper efficient access and portability regimes. While the Trade Secrets Directive as a very modern and necessarily flexible instrument, on principle, is rather well-equipped for achieving balanced results, the Database Directive is in imminent need of reform, in particular as even the Data Act Proposal leaves many issues of the database sui generis right unsolved.

Judicial Determination of Confidentiality in Trade Secrets

Trade secrets as one of the core competitiveness of enterprises, related to the survival of enterprises. In the commercial competition, trade secrets is undoubtedly the right person’s wealth code, how the right person to take effective measures to protect trade secrets from being stolen is a matter of concern. In recent years, the practice of trade secret disputes have increased year by year, in the protection of trade secrets dispute cases, the right and the defendant on the identification of trade secrets, especially on the identification of confidentiality has always been the focus of controversy. Even though more and more enterprises on trade secret protection awareness is increasing. But from the many relevant judicial cases, can be seen: trade secrets in practice for trade secrets protection measures still have great loopholes, specifically manifested as: the right to protect the meaning of trade secrets is not clear, the protection of the object is not specific, the duty of confidentiality can not be confidential subject to know or limitations; confidentiality measures and the value of trade secrets are not adaptive; confidentiality measures can not be recognized and so on. This paper combines the recent judicial practice cases, to explore in practice to achieve the “corresponding confidentiality measures” of the core conditions, and in this way for the enterprise to establish trade secret protection system to provide reference.

Trade secret protection and product market dynamics

We exploit the staggered state-level enactment of the Uniform Trade Secret Act (UTSA) to examine the impact of intellectual property (IP) protection on product market dynamics. We find that UTSA-impacted firms shift their IP strategy to rely more on trade secrets and less on patents. Less IP disclosure increases information asymmetry and rival firms must adapt their competitive strategies as espionage and reverse engineering become more costly. Predation risk increases, and rivals engage in more intense price and non-price competition. Additionally, we find the probability of being acquired increases post-UTSA as rivals seek to acquire innovation, resulting in more concentrated product markets. Further, we find that the stock market generally views UTSA favorably.

The Conflict of Trade Secret Protection and Workers’ Rights in Non-Competition Clauses

This study aims to scrutinize the Non-Competition Clauses in employment contracts as a manifestation of trade secrets and understand how these clauses impact an individual’s right to choose employment. This study uses normative legal research with the statute and comparative approaches. The collected legal material is then qualitatively analyzed to describe the problem and answer study purposes. The results show that including Non-Competition Clauses in employment contracts by employers is a strategic measure to protect trade secrets from competitors. However, every contract must fulfill the requirements for the agreement’s validity subjectively and objectively. Non-Competition Clauses can potentially conflict with workers’ rights as regulated in Article 28D section (2) of the 1945 Constitution, Article 38 section (2) of Law Number 39 of 1999, and Article 31 of Law Number 13 of 2003, thereby violating the objective requirements of employment contracts based on Article 52 section (1) point d of Law Number 13 of 2003. Therefore, it recommended that relevant parties review and evaluate the implementation of Non-Competition Clauses in employment contracts in Indonesia. Before incorporating this clause into the employment contract, employers must consider the agreement’s validity requirements and workers’ rights. Furthermore, the employment contract should further explain the definition and scope of the Non-Competition Clause to avoid different interpretations. Meanwhile, the Government is recommended to create clear regulations concerning the legitimacy of Non-Competition Clauses in employment contracts. These regulations must consider the balance between protecting trade secrets and workers’ rights to employment and income. Lastly, Courts should prioritize protecting workers’ rights in resolving disputes related to breaches of the Non-Competition Clause, especially if employers cannot prove the workers have violated the company’s trade secrets.

Pelindungan Rahasia Dagang Dalam Proses Pengadilan Tertutup Dikaitkan Dengan Undang-Undang Nomor 30 Tahun 2000 Tentang Rahasia Dagang

Intellectual Property is a right that arises from the results of thought that produce a product or process that is useful for humans. One form of Intellectual Property is Trade Secret. Trade Secrets are recognized and protected under Law No. 30 of 2000 concerning Trade Secrets. The purpose of this study is to determine the legal certainty of conducting closed hearings against trade secret violations in the UURD and its comparison with regulations of other countries, as well as determining the legal actions that should be taken by the owner of a trade secret in facing court proceedings to protect trade secrets in relation to the UURD and its comparison with other countries.
 This study uses a normative juridical method with descriptive analytical research specifications. The comparison method used is the method of comparison of legal instruments, especially comparison of legislation. Data collection techniques used in this study were literature studies and interviews.
 Based on the research conducted, it can be concluded that the provisions in Article 18 of the Trade Secret Law do not provide legal certainty regarding how trade secrets can be protected in the trial process. The condition in which both parties must request to close the trial is not in line with the Judge's obligation to protect Trade Secrets. The legal remedy that can be taken by the Trade Secret Owner is to request that the trial of the Trade Secret case be held behind closed doors. This application is made not because of the conditions contained in Article 18 UURD, but based on the obligation of the Trade Secret Owner to make all proper efforts to safeguard the Trade Secret. An application to close the trial should not be rejected by the Judge, because refusal is a violation of the Owner's right to maintain a Trade Secret.

Misappropriation of Trade Secrets Under the Indian Legal Framework: An Analytical Study

The main purpose of this paper is to examine the aspects of the misappropriation of trade secrets under the Indian legal framework, and how this can be prevented. The paper also tries to understand the nature of trade secrets, the reasons for protecting them, and the practical challenges in identifying and protecting them as there is no legal framework in India to protect trade secrets from misappropriation. The paper concludes by highlighting the challenges to the Indian legal framework, in handling and protecting the misappropriation of trade secrets.

PENYELESAIAN SENGKETA RAHASIA DAGANG DI INDONESIA BERDASARKAN UNDANG-UNDANG NOMOR 30 TAHUN 2000 TENTANG RAHASIA DAGANG

This study aims to find evidence on trade secret disputes and settling trade secret disputes in Indonesia. This research was conducted because there are many trade secret disputes in Indonesia at this time, and trade secrets have an essential role in the field of intellectual property rights, then trade secrets have the same important position as copyrights, trademarks, and designs. Global economic competition requires trade secret protection to create a healthy and dynamic economic environment. This legal research is included in normative legal research, which means research aimed at finding and formulating legal arguments through analysis of the subject matter. This research is perspective and applied, which means that this research is written according to law according to facts or legal events from the research results. Legal materials in this writing use primary legal materials and secondary legal materials. The legal materials were collected through document studies, law, and case approaches and then analyzed using deduction techniques. It can be seen that for proof if it is related to a license or the transfer of ownership rights to a trade secret if at any time a dispute occurs, then there is no authentic evidence or an authentic deed in writing made before a public official who is authorized to make it so that it will be difficult to prove when faced with evidence in a confidential case trade, settlement of trade secret disputes can be carried out by way of litigation or non-litigation. However, the legal subject of trade secrets is still unclear, so when a dispute occurs, longer evidence is needed to prove who owns the trade secret.

THE MAIN WAYS OF LEAKING COMMERCIAL SECRETS AND MEASURES TO PROTECT THEM

The study is devoted to the study of international experience in the protection of trade secrets in the leading countries of the world. The purpose of the study is a comparative analysis of the features of international experience in protecting the commercial secrets of corporations. The methodological basis of the study was the use of methods of comparative analysis, methods of analysis and synthesis, as well as an expert survey and a graphic method for presenting the results of the study. The main results of the study are the systematization of commercial information according to the degree of protection, as well as the generalization of the practice of the EU member states regarding the protection of commercial secrets. The main ways of disclosing information constituting a commercial secret are classified: communication of the specified information to other persons, in particular to competitors; providing documents containing information constituting a commercial secret to other persons for perusal; notification of the above-mentioned information in mass media, etc. Systematized measures for the protection of confidential information constituting a commercial secret, namely: organizational, legal, physical, technical and psychological. Organizational measures include a set of measures to protect information that is important for the enterprise by restricting access to it. Technical means involve the use of special programs and equipment that make it impossible to view and/or copy important electronic information. Legal measures involve bringing the internal documents of the corporation into compliance by making appropriate additions to them. The study presents the results of a survey of representatives of EU commercial structures regarding the leakage of trade secret information and tools for protection against leakage.

THE MAIN WAYS OF LEAKING COMMERCIAL SECRETS AND MEASURES TO PROTECT THEM

The study is devoted to the study of international experience in the protection of trade secrets in the leading countries of the world. The purpose of the study is a comparative analysis of the features of international experience in protecting the commercial secrets of corporations. The methodological basis of the study was the use of methods of comparative analysis, methods of analysis and synthesis, as well as an expert survey and a graphic method for presenting the results of the study. The main results of the study are the systematization of commercial information according to the degree of protection, as well as the generalization of the practice of the EU member states regarding the protection of commercial secrets. The main ways of disclosing information constituting a commercial secret are classified: communication of the specified information to other persons, in particular to competitors; providing documents containing information constituting a commercial secret to other persons for perusal; notification of the above-mentioned information in mass media, etc. Systematized measures for the protection of confidential information constituting a commercial secret, namely: organizational, legal, physical, technical and psychological. Organizational measures include a set of measures to protect information that is important for the enterprise by restricting access to it. Technical means involve the use of special programs and equipment that make it impossible to view and/or copy important electronic information. Legal measures involve bringing the internal documents of the corporation into compliance by making appropriate additions to them. The study presents the results of a survey of representatives of EU commercial structures regarding the leakage of trade secret information and tools for protection against leakage.

영업비밀 침해 사건 피해자의 형사공판절차 참여권 확대 방안 검토

The protection of trade secrets is not only beneficial to individual businesses, but also directly linked to the interests of the nation and society as a whole. Therefore, prosecutors responsible for maintaining public prosecution in cases of trade secret infringement have a heavy duty to lead guilty verdicts and appropriate sentencing based on a deep understanding of the technical details of the trade secret in question. With the advent of the Fourth Industrial Revolution, the types and technical complexities of trade secrets have been rapidly increasing. In this context, the victim is often the person who possesses the deepest understanding of the technical details of the trade secret in question. Therefore, expanding the participation of victims in the trial process of trade secret infringement cases is not only crucial for maintaining public prosecution in individual cases but also serves as a significant task in the realm of safeguarding public interest. In this article, we intend to examine various measures to expand the participation rights of victims in the criminal trial process of trade secret infringement cases. This topic shares several points with the broader issue of expanding the participation of victims in general criminal cases, and we will explore them together. Firstly, various actions such as victims engaging in interviews with prosecutors or submitting materials to prosecutors outside of the court are legally sound and justified when examined from multiple perspectives, including the “permissibility and scope of investigation after indictment” and “allowance of pre-trial witness interviews with prosecutors.” In particular, the exchange of opinions and information between prosecutors and victims regarding technical aspects is crucial for the proper prosecution of trade secret infringement cases. Moving on to the possibilities for criminal victims to participate in the procedures in court, generally, victims have the right to express their opinions and make statements based on the Constitution, as well as specified in the Criminal Procedure Act and Criminal Procedure Rules. For certain crimes such as sexual violence offenses, there are separate provisions in the law that ensure the right of victim's counsel to express their opinions and make statements. In relation to this, the author believes that it is possible, based on the interpretation of current laws and regulations, to recognize the legal right of victim's counsel to express their opinions and make statements in court regarding general criminal cases including trade secret infringement cases. Furthermore, the author believes that such recognition is necessary. The basis for this argument is that, firstly, allowing victim's counsel to express their opinions and make statements is the most effective means to adequately protect the victim's right to present their views in court. Secondly, the principle against analogy takes a significantly relaxed attitude towards procedural law. Moreover, there is a precedent where the provisions of criminal procedure law regarding defendants have been analogously applied to defense counsel. Thirdly, the Criminal Procedure Rules include provisions that assume the possibility of all crime victim's counsel expressing their opinions and making statements in court. Fourthly, there is no reason to distinguish between trade secret infringement cases and other cases such as sexual violence offenses when considering the necessity of guaranteeing the right of victim's counsel to express their opinions and make statements. Fifthly, by challenging the credibility of the opinions expressed by victim's counsel in court, the defendant's side may have an opportunity for additional defense. Sixthly, the scope of rights held by victim's counsel in court after prosecution should be balanced with the scope of rights held by victim's counsel during the pre-prosecution investigation stage.

Legal landscape of trade secret protection: Ukrainian-European aspect

The article is devoted to commercial secrets as a special object of intellectual property. The authors of the article conducted a comprehensive analysis of the current legal framework and problems related to the protection of trade secrets, focusing on the complexities associated with the protection of trade secrets in various jurisdictions, including Germany, France, United Kingdom and Ukraine.The authors found that as technology advances at an unprecedented rate, it becomes increasingly difficult for companies to protect their intellectual property from being stolen or used by competitors or employees seeking personal gain. Thus, there is an urgent need to strengthen laws and mechanisms to ensure effective protection of trade secrets. The authors make this point in their paper, noting how weak regulation can stifle innovation by preventing companies from investing in research and development out of fear that their ideas could be stolen.The analyzed regulatory framework and case law provided an understanding of the legal landscape related to the protection of trade secrets. The research process included a critical evaluation of each law to ensure its relevance and effectiveness.The article also sheds light on the challenges countries face in implementing effective trade secret protection policies. One of them is the lack of awareness among stakeholders about the importance of protecting intellectual property rights and the limited resources allocated to ensure compliance. It is possible to solve this problem by strengthening the current laws related to the protection of commercial secrets, or adopting new, more effective ones.In addition, there is an urgent need for international cooperation between governments to develop strong safeguards against misappropriation of trade secrets.The authors emphasize that the use of alternative dispute resolution methods beyond traditional ones (judicial, administrative) could provide more effective means of resolving conflicts between parties regarding the appropriation, distribution, and use of trade secrets.

Preparation of Theoretical and Practical Recommendations for the Transformation of the Economic Security System of Enterprises during the Digitization Process

"The article proves that information security is one of the most critical aspects of the economic security of an enterprise, and it is necessary to emphasize that reducing the problem of financial security of an enterprise to the protection of trade secrets is an overly simplified solution this problem. Such a narrow understanding of economic security only considers part of the spectrum of environmental impact as the main source of danger to the enterprise’s activities. According to this view, the economic security of an enterprise is conditioned by the influence of the external environment, which in a market economy is constantly changing, never remaining stable or unchanged. The cluster systemic approach and modeling methodology outlined in the article, as well as the tools for analyzing and diagnosing the enterprise’s condition, allow for a sufficiently complete study of the complex factors threatening the economic security of an enterprise and for a meaningful and purposeful organization and implementation of the necessary indicator monitoring, which will allow for systematic research and analysis of the dynamically changing socio-economic and conduct a feasibility study of management decisions. The study develops and implements a modern concept of enterprise security in the digital economy. The development of a set of organizational tools that ensure the transformation of economic security of enterprises in the process of digital transformation is presented. The modeling of the economic security system of an enterprise in the digital economy is proposed. The study develops and implements a modern concept of enterprise security in the digital economy. The development of a set of organizational tools that ensure the transformation of economic security of enterprises in the process of digital transformation is presented. The modeling of the economic security system of an enterprise in the digital economy is proposed. The European Social Fund funded this research under the No. 09.3.3-LMT-K-712-23-0211 “Transformation of the economic security system of enterprises in the process of digitalization” measure."