Trade secret law can be used to protect algorithms, ideas, processes and unique compilations considered confidential and proprietary. Trade secret protection can be established by implementing corporate procedures and management tools for protecting confidentiality. Such tools include nondisclosure agreements and corporate policies and procedures restricting access and unauthorized disclosure.

A trade secret owner must take affirmative measures to safeguard information claimed to be a trade secret. There are no exceptions to this rule. While there are no minimum or specific steps that can be taken to insure that the requisite affirmative procedures are employed, some guidelines can be stated:


A court may use a company's plan as a guideline for analyzing the company's activity and assessing whether the requisite affirmative procedures have been employed.


A company should maintain a written statement of its trade secret security policy .


A trade secret protection plan must include a program for ensuring that employees are made aware of the trade secret status of information and that the employees are periodically reminded of their confidentiality obligations.


Trade secret law generally requires that only individuals needing to know trade secret information in order to perform their jobs properly should have access to such information.


Certain employees should be required to sign an agreement acknowledging that: (a) they have access to trade secret information; (b) the company is sufficiently protecting that information; (c) the employee will not disclose or misappropriate the information; and (d) the employee will report to the company all unauthorized disclosures or uses of the trade secret information.


During exit interviews, employees should be reminded of their written obligation not to disclose or use any trade secret information and should be instructed that if, in the future, there are any questions regarding post-employment confidentiality responsibilities the employee should feel free to contact the company .


Physical security measures are an important element .


Printed documents, magnetic media and optical media containing trade secret information must be properly labeled with a proprietary notice.