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It must have actual or potential commercial value because it is secret. It must have been subject to reasonable steps by the rightful holder of the information to keep it secret (e.g., through confidentiality agreements).
Below we discuss the three elements of a trade secret, listed above.(1) The information is secret.(2) The information confers a competitive advantage.(3) The information is subject to reasonable efforts to keep it secret.
To be legally considered a trade secret in the United States, a company must make a reasonable effort in concealing the information from the public; the secret must intrinsically have economic value, and the trade secret must contain information. Trade secrets are a part of a company's intellectual property.
5 Steps You Can Take to Minimize RiskCreate Policies and Procedures to Protect Trade Secret Information.Restrict Access to Trade Secret and Confidential Information.Proactively Work with Information Technology and Human Resources Personnel.Be Cautious When Hiring Employees from Other Organizations.More items...?
Below we discuss the three elements of a trade secret, listed above.(1) The information is secret.(2) The information confers a competitive advantage.(3) The information is subject to reasonable efforts to keep it secret.
To qualify as a trade secret, the information in question must meet two essential criteria. First, the information must attain its value from the fact that it is not generally known. Second, the owner of that information must take reasonable efforts to maintain its secrecy.
Trade Secrets Valuable or Potentially valuable. Because it is not known by other competitors. It would have value to the competitors if disclosed to them. Reasonable Efforts were made to keep it secret.
Answer. Absolute secrecy is not required.It must have actual or potential commercial value because it is secret.
In general, to constitute a trade secret under these various laws (which each have their own nuances), the information must (1) have economic value; (2) because it is not generally known; and (3) the owner has taken reasonable measures to keep the information a secret.