Abstract
The loss of digital trade secrets in marketing and beyond, often the source of competitive advantage, can have disastrous impacts on brands and companies. Bad actors want to get their digital hands on digital trade secrets, and other actors and factors may also cause a risk to their secrecy. The Defend Trade Secrets Act (DTSA) makes clear that “reasonable measures” must be taken to maintain the secrecy of a trade secret. Likewise, the Uniform Trade Secrets Act (UTSA) requires “reasonable steps.” However, in a digital age, the definition of what is “reasonable” is even more unclear than in offline settings. Here, cybersecurity plays a key role, albeit not the only role. What cybersecurity measures could be put in place to meet the “reasonable measures” or equivalent standard is the subject matter of this article. A Reasonable [Cybersecurity] Measures Framework is developed to assist judges and juries in determining reasonableness of cybersecurity measures, practitioners and organizations when considering such measures, legal scholars, and faculty teaching trade secrets. This is especially crucial as technical aspects of cybersecurity have important nuances that, it is argued, may make a considerable difference when applying them to a legal analysis of “reasonable.” At the same time, failing to consider key technical angles may result in a flawed analysis or interpretation of this requirement. While drawing on lessons from marketing, it is anticipated that much of this discussion will apply to any digital trade secret.
Publication Date
2025
Journal Title
IDEA
Document Type
Article
Recommended Citation
Raj Sachdev, "Reasonable [Cybersecurity] Measures" for Digital Trade Secrets: Lessons from Marketing, 65 IDEA 39 (2025).
Included in
Business Law, Public Responsibility, and Ethics Commons, Computer Law Commons, Intellectual Property Law Commons, Internet Law Commons, Marketing Commons, Marketing Law Commons, Privacy Law Commons
