The secret is the non-public compilation and depth, not the fact that a company exists.
Chinese courts often protect customer lists that include contact persons, trading history, price, volume, preference and credit — information compiled with effort and not easily obtained from the public domain. A Employees who leave with WeChat business cards sit in a grey zone: personal relationships versus the employer’s compilation. Measures (CRM permissions, export logs, NDAs) and proof that the leaver took the deep list, not only memory of a few names, decide these cases.
4 questions before you choose the route.
This page identifies the right question and evidence. It does not determine the legal outcome on a reader’s facts.
What fields are in the list?
Deep CRM vs a public name list.
DepthCould a stranger rebuild it from public sources?
If yes, the secrecy limb is in trouble.
PublicWho could export it?
CRM rights, WeChat forwarding, Excel dumps.
MeasuresWhat did the leaver actually take?
File copy vs memory vs their own prior relationships.
TakingWorking rule: Map the regulated role before marketing or launch in China.
The signal ledger.
These facts move the question beyond a label and into a product, money-flow and control analysis.
Bring a compact evidence docket—not a pitch deck.
Give a compliance team or counsel the operating facts that reveal the perimeter.
Questions people ask before they build.
Short answers for orientation. The right result can change with the service model and current rules.
If a salesperson built the relationship, is it still our secret?
Often yes as to the employer’s compilation and terms. Personal friendships do not automatically legalise a CRM dump. Facts matter.
Do we need a non-compete as well?
A paid non-compete can stop the job itself. Trade-secret law stops use of the list. Many employers need both for senior sales.
Primary authorities
Reviewed sources support orientation, not a fact-specific assessment.