What is a breach of trade secret?

A breach of trade secret is when someone unlawfully acquires, discloses, or uses an individual’s trade secret without their permission. Trade secrets are often confidential business information such as customer lists, recipes, formulas, processes, and designs, among other things. In Massachusetts, it is illegal for someone to disclose a trade secret without authorization. Additionally, someone can be held liable for sharing trade secrets that they acquired illegally. There are a couple of ways a trade secret can be breached. The most common is when someone discloses the secret to someone else without authorization from the owner. Another way a trade secret may be breached is if someone acquires the secret by means of fraud or espionage. This could include engaging in deceptive or illegal activities in order to obtain the information. In some cases, a breach of a trade secret can result in civil and criminal penalties. For example, a person who unlawfully discloses a trade secret in Massachusetts could be held liable for damages and may face criminal charges including imprisonment and/or fines. A person found guilty of trade secret misappropriation could also be required to pay the victim’s attorney’s fees. It is important for anyone possessing confidential information to treat it carefully and only share it with those who are authorized to have it.

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