Information kept confidential.
WHAT A TRADE SECRET IS
Information with commercial value because it is not generally known.
WHAT EXAMPLES LOOK LIKE
Formulations and recipes Customer lists and pricing Processes and methods Supplier arrangements Internal data
WHAT PROTECTION DEPENDS ON
Keeping it confidential.
WHY THAT IS THE WHOLE MECHANISM
Once public, there is nothing left to protect.
WHAT REASONABLE MEASURES LOOK LIKE
Restricting access to those who need it Confidentiality agreements Marking material as confidential Physical and electronic security Procedures on departure
WHY DOCUMENTING THE MEASURES MATTERS
Protection depends on demonstrating you treated it as confidential.
WHAT TO DO WITH EMPLOYEES
Confidentiality obligations in contracts, continuing after employment.
WHAT TO DO WITH CONTRACTORS AND SUPPLIERS
Agreements before disclosure.
WHAT TO DO BEFORE ANY DISCLOSURE TO A THIRD PARTY
A written agreement.
WHAT IT SHOULD COVER
What is confidential What they may do with it How long the obligation lasts What happens on breach
WHAT TO AVOID
Disclosing in meetings without an agreement Assuming an agreement covers everything discussed
WHAT TO DO ON DEPARTURE
Remind the person of their obligations, in writing Remove access Recover materials
WHAT TO BE REALISTIC ABOUT
That knowledge in someone's head leaves with them.
WHAT THAT IMPLIES
Secrets are best protected by limiting who knows them.
