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What qualifies as a trade secret for my business?

I always thought trade secrets were just formulas or code, but can things like customer lists, pricing, workflows, or internal processes also count as trade secrets?

Answer

Trade secrets are not limited to formulas or source code. Many everyday business details can qualify as trade secrets.

In general, information may qualify if it has economic value because it is not publicly known and your business takes reasonable steps to keep it secret. It also cannot be readily ascertainable by proper means – if it can be easily reverse-engineered or independently compiled, it may not qualify.

What types of information can qualify as trade secrets?

Common examples of trade secrets include:

  • Customer or client lists that are not publicly available.
  • Pricing strategies, discounts, and order history.
  • Workflows and internal processes.
  • Manufacturing methods or service systems.
  • Marketing strategies or launch plans.
  • Internal software tools or custom systems.
  • Business plans or product roadmaps.

An idea or invention can also be a trade secret before it is patented, as long as it remains confidential.

What makes information legally protectable?

To qualify, the information must:

  • Have independent economic value because it is not generally known or easy to figure out
  • Be protected with reasonable steps to keep it secret

Courts look at how seriously you guarded the information. If it was freely shared, poorly secured, or not labeled confidential, it may not qualify.

Businesses often use limited access controls, NDAs, employee agreements, and internal policies to protect trade secrets.

What to do next

  • Identify valuable non-public business information.
  • Limit access to sensitive materials.
  • Use NDAs and employee confidentiality agreements.
  • Create clear internal policies for protecting trade secrets.

What to consider in your specific situation

Whether something qualifies as a trade secret may depend on:

  • How valuable the information is to your business.
  • Whether it's publicly available or easy to recreate.
  • Who has access to it internally.
  • What steps you take to keep it confidential.
  • Whether employees or vendors sign NDAs.
  • How damaging disclosure would be.

Thinking through these factors can help you decide what to protect—and how.

Since every situation is different, consider getting tailored information through Rocket Copilot, a Legal Pro, or a trade secret review so you can protect your business's most valuable information with confidence.

Pro Reviewed
Published on 04/05/2026
Reviewed by Rustin B. Duncan, Esq.

At Rocket Lawyer, we follow a rigorous editorial policy to ensure every article is helpful, clear, and as accurate and up-to-date as possible. This page was created, edited and reviewed by trained editorial staff who specialize in translating complex legal topics into plain language, then reviewed by experienced attorneys to ensure legal accuracy.

Please note: This page offers general legal information, but not legal advice tailored for your specific legal situation. Rocket Lawyer Incorporated isn't a law firm or a substitute for one. For further information on this topic, you can Ask an Attorney.

Laura Bojart
Laura Bojart
Editorial Researcher and Copywriter

Laura Bojart is an SEO copywriter and editor at Rocket Lawyer. She researches legal and business topics and translates complex ideas into clear, practical content for everyday readers. With her background in journalism and endless curiosity, she approaches each subject by asking the questions readers are likely to have first, making legal information approachable and easy to understand even to those with no legal background.