Some business assets may be more valuable when kept secret than when formally registered.
A trade secret is valuable information that gives your business a commercial advantage and that you keep secret from others. Trade secrets can include:
- your processes for running the business, creating your products or providing your services
- specialist expertise and knowledge that is not generally known within your sector and which gives you an advantage over competitors
- code or technical documentation for any technology you build
- recipes and formulas you use to make your products
- data your business holds, such as customer and supplier records, pricing strategies and expansion plans
Something is only a trade secret if it is valuable, confidential information that gives your business a competitive edge and you take active steps to keep it secret. Your business may have other confidential information you want to protect, but which does not meet the legal definition of a trade secret.
You can protect confidential information, including trade secrets by:
- limiting who can access it with passwords and proper document storage
- marking confidential information in a consistent way so that it is easily identified
- using legal agreements to limit what information people can discuss or share
- keeping up-to-date records of who has access to any confidential information
Think before sharing valuable information
Before sharing valuable information, check if someone needs access to all of the information or if you can share a redacted version. If they need full access, consider setting up a legal agreement to prevent them using what they learn to their own advantage.