What are the laws concerning the protection of trade secrets and confidential information?

In Washington, trade secrets and confidential information are protected by both state and federal laws. On a state level, the Uniform Trade Secrets Act (UTSA) establishes basic criteria to define what constitutes a trade secret and provides civil remedies for violations. The UTSA applies to all businesses in Washington and provides remedies for misappropriation of trade secrets, such as awarding monetary damages and prohibiting the use of the trade secrets by the person or business that unlawfully acquired them. On a federal level, the Economic Espionage Act (EEA) provides criminal penalties for anyone who obtains and discloses trade secrets with the intent of obtaining economic benefit. This act applies to anyone who acquires the information, not just the person who disclosed it. The EEA also allows for civil actions against those who have misappropriated or threatened to misappropriate trade secrets. The Washington State Legislature also has enacted specific trade secret laws that are intended to help protect Washington businesses. These laws allow businesses to file a civil lawsuit to stop the misappropriation of their information and also create a cause of action for those who wrongfully use or disclose trade secrets. In addition to legal protection, businesses in Washington should have a written policy which governs the use and disclosure of their trade secrets and confidential information. The policy should outline acceptable use of the information, as well as how it should be stored, accessed, and disposed of. Developing a policy can help businesses protect their confidential information and reduce the risk of misappropriation.

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