What measures satisfy the 'reasonable efforts' requirement?

Courts look for: NDAs with employees and contractors, computer access restrictions, physical security, trade secret designation/marking, employee exit interviews and reminders, and consistent enforcement. One weak link (e.g. unmarked documents) can defeat a trade secret claim.

Can a publicly disclosed formula still be a trade secret?

No. Once information is generally known or readily ascertainable through proper means, it loses trade secret protection. Partial disclosure (revealing existence but not details) may preserve protection depending on what was disclosed.

Trade Secret Reasonable Efforts Score Calculator

Assess whether 'reasonable measures' to maintain trade secret secrecy are in place under DTSA (US) and EU Directive 2016/943. Scores NDA coverage, access controls, marking, employee policies, and departure protocols.

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⚖ For informational purposes only. Not legal advice. Consult a licensed attorney for your specific situation.

How to Use

Enter the values for the scenario you are assessing. Assess whether 'reasonable measures' to maintain trade secret secrecy are in place under DTSA (US) and EU Directive 2016/943. Scores NDA coverage, access controls, marking, employee policies, and departure protocols. Use the trade secret efforts score result to inform your calculation.

Trade Secret Reasonable Efforts Score Calculator

Statute of Limitations

How to Use

Frequently Asked Questions

What measures satisfy the 'reasonable efforts' requirement?

Can a publicly disclosed formula still be a trade secret?