Key Points

  • Employers need to protect their trade secrets and/or their proprietary information that gives them a competitive edge in the industry, which is not available to the public. This can include formulas, ideas, designs, research, methods and processes.
  • In order to maintain the confidentiality of such information, employers should require the employees who have access to such information to sign a confidentiality agreement or a nondisclosure agreement.
  • In addition to requiring employees to sign such agreements, employers should take certain measures to maintain the confidentiality of such information. Employers can do this by restricting unauthorized access to this information, creating security codes on the computer system and by requiring nonemployees, such as customers, to sign a nondisclosure agreement.

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