What legal steps can be taken to protect trade secrets?
In Washington, businesses and individuals may take certain legal steps to protect their trade secrets. One of the most effective measures is to have a written confidentiality agreement with all employees, contractors, and business partners who will have access to the trade secret. This type of agreement sets out the legal obligations of the parties to keep the trade secret confidential, and provides for legal recourse if the agreement is breached. An employer may also use physical and technological measures to protect confidentiality. These measures can include limiting access to company premises, using encryption to protect digital information, and using passwords and secure logins to restrict use of the information. In addition, businesses should mark confidential information and documents as such, to ensure that everyone with access to the information is aware of the sensitive nature of the information. When a dispute arises, an employer may seek a court order to protect the trade secret, which can be used to prevent the other parties from disclosing, using, or continuing to use the trade secret. Furthermore, Washington law provides for civil and criminal remedies for trade secret violations, so it is important for businesses to take steps to protect their trade secrets and enforce their rights.
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