One of the challenges of the digital age is creating and enforcing a system of security measures that protects trade secrets. Because encrypting digital data has become commonplace in some industries, owners of trade secrets should adopt encryption as part of this security system.

Pennsylvania law, 12 Pa. C.S.A. Section 5302, defines a “trade secret” as “information, including a formula, drawing, compilation including a customer list, program, device, method, technique or process that: (1) derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and (2) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.”

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