Report Offers Insights into the ‘Reasonable Steps’ Requirement for Cybersecurity in Trade Secrets Cases and the Growing Role of the NIST Framework
For companies concerned with the rising threat of cybersecurity breaches and the potential for loss of their organization’s confidential technical and business information, CREATe.org releases a whitepaper, “The Importance of Cybersecurity for Trade Secret Protection: Developments in trade secrets cases and the growing role of the NIST Framework.”
Under U.S. and international law, the legal protections afforded to a company’s trade secrets are directly dependent on whether the company itself has taken “reasonable steps” to protect that information. Courts in the U.S. and abroad have begun to look beyond traditional security and risk management controls; courts have begun to analyze the cybersecurity measures that organizations have taken in determining whether confidential information has been protected adequately enough to be considered a trade secret.
Cybersecurity protection has become a priority of both industry and governments. As such, developments in the cybersecurity space are helping to define voluntary measures and best practices in information security. These measures, including the U.S. NIST Cybersecurity Framework, may very well be analyzed in future trade secrets cases as relevant “reasonable steps” for securing trade secret protection.
CREATe’s whitepaper overviews the cyber threat landscape to trade secrets and presents the legal relevance of cybersecurity for trade secret protection. This whitepaper then surveys cybersecurity trends in trade secrets cases and NIST Framework developments.
“It is critical for companies to take proactive steps to protect trade secrets and confidential information from cyber threats,” stated Pamela Passman, President and CEO, CREATe.org. “Putting controls in place helps mitigate risks and illustrates that reasonable efforts have been taken to protect these key assets.”
This whitepaper builds on CREATe’s other publications on cybersecurity and trade secret protection. This includes the whitepapers: Cyber Risk: Navigating the Rising Tide of Cybersecurity Regulation (2016) and “Reasonable Steps” To Protect Trade Secrets: Leading Practices in an Evolving Legal Landscape (2015).
For more information, please email info@CREATe.org.
Download the whitepaper here.