Where's the line between general skills and trade secrets?

What counts as general skills and experience?

General skills are abilities and knowledge developed through work. These usually include:

• Using common software or tools.
• Improving sales, marketing, or management skills.
• Understanding general industry practices.
• Gaining experience working with customers or teams.

These are part of a person's professional growth. They are not owned by the business.

What qualifies as a trade secret?

Trade secrets are specific business details that provide economic value because they are not generally known and are not easy to recreate.

To qualify, the information must:

• Have real economic value because it is not publicly known.
• Be protected with reasonable steps to keep it secret.

Examples include curated customer lists, detailed pricing strategies, proprietary workflows, internal systems, formulas, or unique methods.

Courts look at how you treated the information. NDAs, limited access, confidentiality labels, and clear policies help protect trade secret status. If information is freely shared or poorly guarded, it may lose protection.

What to do next

• Identify what information gives your business a competitive edge.
• Use NDAs and clear confidentiality agreements.
• Limit access to sensitive materials.
• Treat valuable information consistently as confidential.

What to consider in your specific situation

Whether information counts as a trade secret may depend on:

• How specific and valuable the information is.
• Whether it's publicly available or easy to recreate.
• What steps you take to protect it.
• Who has access and why.
• Whether NDAs or confidentiality clauses are in place.
• The potential harm if it's misused.

Thinking through these points can help you protect what matters without overreaching.

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 while respecting fair competition.