What qualifies as a trade secret for my business?

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.