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How can Massachusetts businesses safeguard their trade secrets?  

On Behalf of | Feb 19, 2025 | Business Law |

Trade secrets drive business success in Massachusetts. These assets, from unique recipes to special software codes, give companies their competitive edge. The state’s bustling tech and biotech sectors make trade secret protection a top priority for business owners who want to stay ahead.  

What makes something a trade secret in Massachusetts?  

Massachusetts law protects business information that gives companies an advantage over competitors. This includes unique formulas, methods and customer data that others don’t know about. To get legal protection, companies must show they keep this information private and that it has real business value because it stays secret.  

Key steps to protect your trade secrets  

Before you set up protection measures, you need a clear plan. Here are the main steps to shield your business secrets:  

  1. Get written agreements in place: To protect your trade secrets, you need to make sure your workers sign non-disclosure agreements, add privacy rules to job contractors, and set up legal non-compete terms, too. 
  2. Set up strong security: Legal protections are one thing. You must also be vigilant and set up physical protections for your trade secrets. Some physical safeguards include: 
    • Limiting who can see secret info  
    • Using secure computer systems  
    • Adding strong data protection  
  1. Create clear rules: Mark private documents clearly and keep records of your security steps. Document all safety rules for you and your team.
  2. Follow state laws: Protecting your trade secrets can sometimes be as easy as meeting laws and requirements, getting needed business protections and checking updates for such legal rules.

These steps help build a strong wall around your business secrets. Each one plays a key role in keeping your edge in the market.  

Massachusetts courts look for proof that companies actively guard their trade secrets. Just saying something is private won’t protect you in court. You need actual actions and solid evidence of your protection efforts.  

Trade secret protection needs careful planning and legal knowledge. While these steps offer a starting point, each business faces unique risks. A qualified business lawyer can help create a protection plan that fits your needs and protects your trade secrets under Massachusetts law.