Can trade secrets be lost through the disclosure of information?

Yes, trade secrets can be lost through the disclosure of information. In Washington, trade secret law is governed by both state and federal statutes. Under the Washington Uniform Trade Secrets Act, a trade secret is defined as information that is not generally known or readily ascertainable by another source and has economic value from not being generally known. If a trade secret is disclosed, even unintentionally, it can become public knowledge, and the trade secret will be lost. In addition to trade secrets being lost through direct disclosure, it can also be lost through indirect disclosure. This can occur if a trade secret is disclosed to someone who then illegally discloses it to another person, or if the trade secret is disclosed to someone who then publishes it online or elsewhere without permission. Lastly, trade secrets can also be lost through improper handling of a trade secret. If companies do not have strict security protocols in place, such as restricting access to certain documents, the trade secret can be inadvertently disclosed. Companies should also ensure that all employees and contractors are aware of the importance of keeping trade secrets confidential and are aware of the company’s policies and procedures. That way, they can properly handle the trade secret to avoid any potential loss.

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