Recent changes on employment market, triggered off by present economic situation, has resulted among others in the decrease of the level of employment. Reductions in employment level concern employees of all grades and positions, including employees, who have access to data under special protection.  As the latest analysis concerning security of intellectual property in enterprises show, economic recession and reductions in employment level, which are linked to recession, might result in unauthorized disclosure of the data under special protection. The termination of employment contract is a conducive factor in terms of disclosing protected data by a former employee, taking into account the possibility to strengthen employment situation of such an employee and possibility to enter into cooperation with a company competitive with respect to his former employer. This kind of acts, not acceptable from the point of view of the rules of professional ethics, might be a source of harsh financial consequences for companies, which make reductions in order to counteract adverse occurrences on the financial markets. These risks, even though proven to exist, are not impossible to be minimized or even to be avoided, if proper legal mechanisms are applied.

In terms of opposing to potential risks of stealing intellectual property, preliminary considerations should focus on undertaking specific protective measures, like for example:

• protective audit of personal data with a focus on assessment of meeting criteria for making processing and storage of these data lawful, under both EC and national rules, as well as international standards; application of proper procedures might allow the company to limit the risk of disclosure of sensitive data as well as to avoid  legal consequences for breach of the relevant provisions of law;
• optimizing the rules on access to data under protection and the regulations on circulation of these data within the organizational structure of the company (especially the rules on the use of data processed in computer systems, on the usage of global means of communication during the process of rendering services, connected with access to restricted data, etc.); clear rules pertaining to circulation of data in any company facilitate supervision over their flow, and expose potential risks – these enable to apply proper mechanisms minimizing negative consequences of the said circulation ;
• introducing additional terms to employment contracts or other types of contracts for performance of work with an aim to make use of the legal mechanisms included in these terms in case of unauthorized disclosure of protected data; suggested terms concern i.a. properly drafted clauses on ban of competitive employment after termination of the employment contract with respect to the employee who has access to intellectual property of the company under protection
• organizing courses on protection of data and suitable practices in protection of data for employees and executive directors.

The increased level of risk of stealing intellectual property affects especially companies who render international and national outsourcing services.  In recent years, due to costs-saving approach, many significant companies have decided to situate some of their departments in the region of Central and Eastern Europe, including Poland. In connection with corporate structure of entities ordering specific services, it might happen that persons employed in national branch offices could gain access to intellectual property under protection of considerable value.  That requires special care as regards standards of protection. In the times of crisis, the issue of minimizing the risks associated with stealing intellectual property should constitute the determinant factor of effective management of bases. Undertaking the proper activities in the sphere of protection of data under consideration, as well as preparation and bringing into effect certain standards of management and circulation of data  in the structure of outsourcing company, might be a vital factor influencing the decision as to the choice of this company as the company rendering services connected with processing and usage of protected data. Therefore, proper legal mechanisms allowing for creation of the safe employment environment and maintenance of the minimal risk associated with potential unauthorized disclosure of somebody else’s intellectual property are tend to become more  and more decisive factor in the issue under consideration.