What are the laws and regulations regarding trade secrets and confidential information?
In the state of Michigan, trade secrets and confidential information are protected by state law and Michigan’s Uniform Trade Secrets Act (MUTSA). Trade secrets are any information that has economic value because it is not generally known to the public. Confidential information is information that is critically important to a business, such as customer lists, product information, business strategies, and sales processes. Under MUTSA, trade secrets and confidential information are protected from theft or misappropriation. Companies can take action against any person or entity that discloses or uses their trade secrets without authorization. The courts may award damages or profits to the injured business, or provide an injunction against further use of the stolen information. Companies should develop a Trade Secrets Protection Policy to protect their confidential information. This policy should include rules for the handling of trade secrets, including how to properly store and share the information; who has access to the information; how to properly label and mark trade secret documents; and how to safely dispose of the information after it is no longer needed. Finally, businesses should also take steps to protect trade secrets from outsiders. This includes using encryption, restricting access to documents, providing access only to trusted employees, and avoiding practices that could mislead competitors into believing that information is available to the public.
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