Skip to content
All posts

What steps should I take to protect my business's trade secrets?

As a lawyer, my advice for protecting your business's trade secrets involves taking proactive measures to ensure that these confidential assets are secure from unauthorized access or disclosure. The following steps can be taken to safeguard your trade secrets:

1. Identify your trade secrets:

You should conduct an internal evaluation of your business and identify any information or data that provides you a competitive advantage over other businesses. Examples of trade secrets can include customer lists, formulas, designs, manufacturing processes, or software code.

2. Implement confidentiality measures:

Once you have identified your trade secrets, you should establish confidentiality measures to protect them. Such measures can include the signing of non-disclosure agreements (NDAs) by employees, contractors, vendors or other parties who may have access to your confidential information. Additionally, you can restrict access to your trade secrets on a need-to-know basis to limit the number of people who have access to them.

3. Use physical and technological security:

Your trade secrets can be stolen physically or electronically. You should, therefore, adopt physical and technological measures to protect your trade secrets. Physical security measures can include lock codes, safes, security cameras, or guards to restrict unauthorized access. Technological measures, on the other hand, can include measures like encryption, electronic invoices, and data backup.

4. Practice due diligence:

Be vigilant about potential cyber-attacks or theft of trade secrets. You can conduct background checks and maintain a log of visitors accessing valuable information.

5. Limit social media access:

You should have in place an employee policy on social media access as social media websites can be used to extract confidential data.

Overall, it is important to regularly review and update the measures that protect your trade secrets from new threats that may emerge. Also, where necessary, seek assistance from legal counsel to ensure that you are taking all reasonable steps to protect your trade secrets legally.