CWU Discussion Critique

Protecting trade secrets requires offensive action as well as
defensive, and is constantly evolving. The following steps should be
taken to ensure maximum protection:

1. Identify What Needs Protection

Identify
each piece of information that you wish to protect and create a system
of identifying newly created material that requires secrecy. When
selecting, try not to be too inclusive because this might trivialize
protection of trade secrets.

2. Label Documents That Contain Protected Information

Documents
that contain or reflect trade secret information should be labeled
“confidential.” Limit copies and circulation of these documents and,
when necessary, number copies and require the documents be checked in
and out.

3. Monitor Where Information is Stored

Conduct an
information audit to determine where vital information is stored and who
has access to it. Include all hard copies, desktop and laptop
computers, and diskettes. Look for potential weak spots.

4. Secure Computers

Require
passwords for access to computers containing sensitive information.
You’d be amazed how many laptop computers are stolen each year. Visa
International even had a desktop computer stolen that contained
confidential information on thousands of credit card accounts.

5. Maintain Secrecy With Outside Vendors

In
contracts with outside entities, include a strict confidentiality
provision regarding the trade secrets. When outsourcing production of
any of your products, try to choose different vendors for different
parts. Do not disclose the final product or the relationship between the
pieces.

6. Provide Adequate Security

For a smaller
business, perhaps a locked filing cabinet is enough security. Bigger
companies might need security officers, secure zones and badges.

7. Limit Public Access to the Company

Curb public tours and require that all visitors sign in.

8. Use Caution Internationally

Understand
that not all countries respect U.S. policies protecting trade secrets.
If you are conducting business internationally, be very careful to whom
you disclose information.

9. Set Up Employee Training and Policies

Require
that all employees who will be working with trade secrets take training
and sign a non-disclosure agreement and a company policy regarding
protection and proper handling. Provide refresher courses. If
information is mishandled, let the employee know and take disciplinary
action if needed. Hold exit audits with employees leaving the company
requiring them to return any trade secret materials and reminding them
of their non-disclosure agreement.

It is important to be careful
when dealing with employee policies, as there are strict laws governing
confidentiality and non-compete agreements. It’s a good idea to have a
lawyer review the wording of such clauses, or have a lawyer write them.

In
today’s world, this is also dependent upon network protection.
Corporate protection is only as good as a company’s cyber protection,
which we have seen time and time again in the form of breaches, leaks,
and attacks. Constant network intrusion monitoring is required, with
continuous updates and patches, as well as analytical monitoring of
network intrusion attempts and their location.

References:

Protecting Trade Secrets. (2016, June 20). Retrieved from https://smallbusiness.findlaw.com/intellectual-property/protecting-trade-secrets.html