Trade Secrets - How to Keep Them Secret
Add comment November 30th, 2008
Many of us can recall a time in our lives when we hear; I have something to tell you, but you have to promise not to tell. We promise not to tell another living soul the secret which is so secret. A few days later, we hear this top secret secret from someone else. We know that we didn’t spill the secret, so how did it get out? The same holds true for our trade or business. We all need to make sure we do our very best to protect our trade secrets. It is better to put a plan into action before your secret is leaked, rather than wait for an incident to occur. I have listed the top three ways to keep your trade secrets secret.
Trade Secret #1: Confidentiality Agreement
A confidentiality agreement is an agreement that a person signs stating that they will not disclose information pertaining to an event or incident; in our case our trade secrets. Ensure that the document is legal and binding. As a condition of employment, have all employees, contractors, and temporary personnel sign the document and ensure they also receive a signed copy, as well as placing one in their employee folder. The document should include the definition of trade secret and set specifications as to what an employee can discuss and what is forbidden. You may also want to include information about the ramifications of breaching such an agreement.
Trade Secret #2: Identify and Limit Access
By identifying what information is classified as secret, it will help to prevent access to the information. Not all employees need to have access to classified information. Identify any information that the company may consider secret or confidential and mark it appropriately, then place this information in a separate file. You may place all classified material inside a locked room or safe and have an access roster of the people allowed to access the information. Only the people allowed to view the classified information will have access to the safe or room.
Trade Secret #3: Exit Interviews
Upon termination of employment, conduct exit interviews with all personnel. This should be a thorough interview during which time you review the confidentiality agreement signed upon hire. Use this interview session to debrief personnel of all confidential information as well as to collect any classified information they may have in their possession. Encourage the individual to check their home office and personal computer to ensure there aren’t any documents they may have forgot to return.
Although there isn’t a fail proof plan to ensure you do not lose your trade secrets, by following what I consider to be the top three ways of keeping trade secrets secret, you should be off to a good start.
Tasheenia Bennett is a paralegal for the Air Force National Guard in which she has been a member of for 10 years. Sheenia is a graduate of Empire State College and is currently enrolled in the Master’s Degree in Entrepreneurship Program at Western Carolina University. Webmasters and other article publishers are hereby granted article reproduction permission as long as this article in its entirety, author’s information, and any links remain intact. Copyright 2008 by Tasheenia Bennett.
