What is the Economic Espionage Act (EEA)?

The Economic Espionage Act (EEA) is a federal law that criminalizes the theft of trade secrets. It was enacted in 1996 by the United States Congress. This law makes it a federal crime to steal or intentionally misappropriate trade secrets in order to benefit foreign entities or countries. The law applies to any trade secret, regardless of its value or whether it is related to a business or not. It also makes it a federal offense to possess a stolen trade secret or to conspire to steal a trade secret. The law makes it illegal for a person or entity to intentionally acquire a trade secret from another in a manner that would be considered "improper" under the law. This includes theft, espionage, computer fraud, and the use of bribery, intrusion, and other improper means. It also prohibits the intentional use or disclosure of a stolen trade secret for economic gain, as well as the attempted or completed sale or transfer of a trade secret to foreign entities or countries. The EEA is enforced by the Department of Justice and is punishable by fines, imprisonment, or both. In addition, the law also allows victims to sue the offender for damages and to receive an injunction that prevents the use of the stolen trade secret. In Washington State, the crime is a felony and is punishable by up to 15 years in prison and/or a fine of up to $250,000.

Related FAQs

What is trade secret protection in the United States?
How can trade secrets be used to protect a company's competitive advantage?
Are there any international treaties that protect trade secrets?
Can trade secrets be protected through contracts?
Are there any criminal sanctions for the misuse of trade secrets?
Does the use of a non-disclosure agreement protect trade secrets?
Is it possible to protect trade secrets through the use of non-disclosure agreements?
Can trade secrets be taken to court?
What is the difference between trade secret protection and patent protection?
What kind of proof do you need to win a trade secret misappropriation claim?

Related Blog Posts

What is Trade Secrets Law and Why Should Businesses be Familiar with It? - July 31, 2023
5 Misconceptions About Trade Secrets Law and How to Dispel Them - August 7, 2023
A Trade Secret Lawyer's Top Tips to Protect Your Business's Valuable Information - August 14, 2023
What Legal Steps Can Businesses Take To Protect Their Trade Secrets? - August 21, 2023
All You Need To Know About Trade Secrets Law and Achieving Competitive Advantage - August 28, 2023