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Posts Tagged ‘Security’

Trade Secrets Issues in Cloud Computing

In Uncategorized on October 14, 2010 at 5:05 pm
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Roy E. Hadley, Jr. and John L. Watkins have written a useful article on the legal issues relating to cloud computing.  As they state in the article, cloud computing refers to the practice of providing access to computer software through an Internet browser, with the software and data stored at a remote location at a “data center” or “server farm,” instead of on the computer’s hard drive or on a server located on the user’s premises.

The same protective measures that businesses apply to protecting trade secrets on local area networks (“LANs”) are likely to be useful in showing “reasonable” measures to a court.

Although it is difficult to predict how courts will react to trade secret claims based on information stored in cloud-based systems, a key factor will likely be the steps taken to maintain the secrecy of the information. Courts will likely inquire into whether the cloud provider has access to the data and whether it is bound to maintain the secrecy of such data. Other inquiries will focus on who from the client is permitted to have access to the information, password protection, and other security measures, much as in cases involving information stored on local networks. Read the rest of this entry »

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Implementing a Trade Secret Protection Program

In Implementation of Security Program on August 31, 2010 at 10:59 am
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Metropolitan Corporate Counsel has an interview with Alan Gutterman regarding how to implement a trade secret protection program.  Gutterman recites some of the common elements to such a program:

[A]doption of security measures to mark trade secrets, thus, identifying what is or is not considered to be confidential. The programs also include segregation of trade secret information and limitation of access to the trade secret owner or other authorized personnel. I also recommend that a program places employees on notice that the company maintains confidentiality of its trade secret information and that each employee has a duty to assist in protecting such items. Read the rest of this entry »