Are there any special rules for protecting trade secrets?
In Texas, businesses have a legal right to protect trade secrets, also known as confidential information. Specific statutes are in place to protect confidential information and prevent unfair competition from other businesses. The Texas Uniform Trade Secrets Act (TUTSA) is the most relevant statute for protecting trade secrets. Under the TUTSA, businesses must make reasonable efforts to maintain the secrecy of the trade secret. This could include restricting access to the information, controlling physical access, restricting use of the information in contracts, or encrypting the information. The measures a business takes must correspond to the level of sensitivity and value of the information. In addition, the TUTSA also carves out civil remedies for businesses whose trade secrets have been wrongfully acquired, used, or disclosed. This includes monetary damages, injunctive relief (which prohibits the use of the trade secret), and attorney fees. Furthermore, the TUTSA imposes criminal liability on anyone who knowingly acquires, uses, or discloses a trade secret without authorization. Thus, trade secrets are protected by various statutes and remedies in Texas. Businesses must take reasonable steps to ensure the secrecy of the trade secrets. If a trade secret is wrongfully acquired, used, or disclosed, the business has the right to pursue civil remedies or even criminal liability against the offender.
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