What is a breach of trade secret?

A breach of trade secret is when confidential or proprietary information belonging to a business is unlawfully released to a third-party without authorization. Trade secrets in Washington include any information that a business uses to give it a competitive advantage, including customer lists, formulas, plans, techniques, methods, or processes. In order for information to be considered a trade secret, it must have commercial value because it is not generally known or readily ascertainable by others, and efforts must be taken to keep the information secret. A breach of trade secret can occur if a business employee or contractor discloses the information without authorization or uses it to benefit another business. Additionally, a company or individual can be liable for breach of trade secret if they wrongfully acquire the information, meaning they obtained it without authorization or consent. In other words, a breach of trade secret is when confidential or proprietary information belonging to a business is unlawfully released to a third-party without permission, or when a company or individual wrongfully obtains that information without authorization or consent. Such a breach is a violation of Washington trade secret law and can lead to civil or criminal penalties.

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