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Essential steps for containing a trade secret breach

On Behalf of | Jun 5, 2023 | Intellectual Property

A trade secret breach can have devastating consequences on your business. This can happen through theft, bribery, espionage, breach of contract, breach of confidence or even by accident. Either way, swift action is necessary to protect your intellectual property and preserve your competitive advantage.

Below are some essential steps to contain and mitigate the risk to your business if you suspect or discover a trade secret breach.

Identify and assess the breach

The first step is to get to the bottom of the information breach. What confidential information is out there? How was it compromised, and who was involved? You may need to conduct an internal investigation, review security logs, interview employees or hire a forensic expert to help you with this.

It will provide a clear picture of the situation and help you respond effectively. Remember to document everything you find and preserve any evidence.

Take control of the situation

The next step is implementing containment measures such as changing passwords, locking accounts, disabling devices, revoking access rights or issuing cease and desist letters. You should also notify parties who may be affected by the breach, such as customers, suppliers or partners.

Enhance security measures

Learn from the breach and strengthen your security measures to prevent future incidents. Review your existing policies and procedures, identify any vulnerabilities and implement additional safeguards if necessary.

You should also consider conducting regular employee training sessions to reinforce the importance of maintaining confidentiality and adhering to non-disclosure agreements (NDAs).

Explore your legal options

In some cases, taking legal action may be necessary. The law provides certain remedies that can help you recover damages and prevent further dissemination of your trade secrets. Seek informed guidance to determine the best course of action that will protect your business interests.