A. S. Minzov, A. Yu. Nevsky, S. A. Minzov et al. · Voprosy kiberbezopasnosti · 2025
Study objective: to substantiate a system for protecting trade secrets in various forms based on classification, principles, methods, and technologies. Research methods: a retrospective analysis of trade secret protection requirements in Russia and abroad; a systems analysis to substantiate trade secret classification; conceptual modeling of a trade secret protection system based on the Zero Trust concept; and a synthesis of a trade secret protection system at all stages of its life cycle. Study results: the obtained results do not contradict existing regulatory documents on trade secret protection and can be used to enhance the protective properties of various objects where the need to protect trade secrets arises in Russia and abroad. Scientific novelty: the article proposes new approaches to classifying trade secrets from the perspective of protecting them from disclosure (leakage), principles for protecting trade secrets based on the "zero trust" concept, and a trade secret protection management system as a cyclical, controlled, and protected process from the creation of an innovative idea, through design, implementation, and operation. Practical relevance: the authors' proposed solutions and approaches to protecting trade secrets will improve the level of security for economic entities where protection is necessary, increase innovative activity in market relations, and counter industrial and economic espiona.
Cited by 0Open access
Universitas Perwira Purbalingga, Widadatul Ulya · JIPRO Journal of Intellectual Property · 2023
Business actors use digital media in various forms to support market expansion. Various information related to production methods and marketing methods through digital media is no longer in line with the legal concept of trade secret protection in Indonesia. It seems that business actors have no worries about a decrease in economic value when the production methods used are disseminated using social media. This study aims to analyze the implementation of trade secret law as intellectual property rights in the digital era. This normative research uses qualitative methods and a phenomenological approach. Data was collected through literature study, observation, and interviews. The results of the study show that the implementation of trade secret legal protection is private or individualistic. If a business actor disseminates trade secret information, the information will no longer be the object of a trade secret and will not receive legal protection as stipulated in Law No.30/2000.
Cited by 4Open access
David T. Emott · Lirias (KU Leuven) · 2015
This research project undertakes a comprehensive study of trade secret protection. To this end the researcher will analyse the different elements that constitute a trade secret. The various methods of protecting such trade secrets will subsequently be investigated. The research will encompass the mechanisms (obligation of non-disclosure and obligation of non-competition), techniques (both contractual and non contractual), limits and enforceability of trade secret protection. The ultimate aim is to determine whether the current Belgian (and European) legal framework regarding trade secrets leaves room for improvement. In the light of that goal the researcher will attempt to develop enhancements leading to a more coherent system of trade secret protection.
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Serghei Ohrimenco, Dinara R. ORLOVA, Valeriu Cernei · Business Management · 2025
The article explores trade secret protection management in the context of the shadow digital economy (SDE). The study aims to identify threats to trade secrets associated with SDE and propose effective protection methods. It emphasizes that the economic value of trade secrets lies in their confidentiality, making them vulnerable to data leaks, cyberattacks, and other risks, particularly in the digital environment. The authors examine the nature of trade secret in terms of SDE spread. The paper presents methods of trade secret protection, including documentary, economicorganizational, and information-analytical types. Special attention is paid to the combined use of patent protection and encryption techniques. The study concludes with key findings, highlighting the need for enhanced cybersecurity, international cooperation to combat cyber espionage, and improved organizational measures. This work significantly contributes to the understanding of commercial secret management and offers valuable recommendations for businesses operating in the digital economy.
Cited by 0
Zhou Lin · 2005
For the lack of the protection of China's trade secret, the author presents some suggestions to the problems between the situation of trade secrets' protection in America and that in China with the aim for the protection of China's trade secrets with the methods of comparison and relative analysis.
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Julija Menise · Lund University Publications Student Papers (Lund University) · 2008
The topic of this graduate essay is 'Legal Protection of Trade Secrets: Case Study of Latvia, Present Issues and Perspectives'. The purpose of this thesis is to examine how trade secrets are protected at the international and regional level&semic to analyze how international requirements are implemented in Latvia as well as to propose feasible improvements in a model of legal protection and regulation of trade secrets in Latvia, which take into account the international requirements. For many years, there was no need for effective protection of trade secrets in Latvia due to the fact that it was part of the Soviet Union. After the collapse of the Soviet Union, many changes happened in Latvia such as regaining of independence and joining the European Union. These changes had great impact on people's lives in general as well as in the legal area. The question of legal protection of trade secrets became essential. Unfortunately, the system of legal protection of trade secrets, which exists in Latvia, does not fully correspond to international requirements and it is necessary to make amendments in Latvian legal acts. The essay consists of the introduction, three main parts and final part. The introduction gives the motivation for the choice of the thesis topic and shows the meaning and relevance of the problem to current jurisprudence. The introduction further articulates the research objective. Part 1 of this work is sub-divided into two sections. Section 1 introduces the concept of a trade secret and describes its essential features at the international and the regional level. Section 2 discusses the interrelation of trade secrets and know-how. Part 2 gives an overview and shows the necessity of trade secret protection, discusses connection between trade secret protection and such fundamental human rights as right to work and right to freedom of information, Part 2 also describes the legal rights of a holder of trade secret and specifies trade secret protection methods: security, management and contractual measures before the infringement of trade secret, and civil remedies and criminal penalties after the infringement. Part 3 of the thesis deals with issues connected with the legal meaning of a trade secret as given in legal acts that are valid in Latvia. Part 3 also describes the legal protection methods of trade secrets that can be utilized in case of trade secret infringement and analyzes how international requirements for protection of trade secrets are implemented in Latvian legislation. The final part of the work summarizes the conclusions reached in the course of the thesis, and proposes feasible improvements in a model of legal protection and regulation of trade secrets in Latvia, which take into account the international requirements.
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Oleksandra Ozcan · 2025
Trade secrets are critical assets for companies, providing a competitive edge by safeguarding valuable information and innovations. Unlike patents, however, trade secrets do not require public disclosure, enabling companies to maintain a competitive advantage by keeping critical information confidential. Rapid technological advancement and the increasing value of intangible assets means that effective trade secret management is, therefore, becoming ever more important for sustaining a firm's competitive position and fostering innovation. Simultaneously, however, comprehensive frameworks and processes for trade secret identification, protection, and misappropriation mitigation remain underexplored in the literature and practice. Consequently, this PhD research aims to address this gap and develop an in-depth understanding of trade secret management processes, examined through the lenses of Resource-Based View (RBV), Dynamic Capabilities (DC), and Knowledge Management (KM) theories. This research combines qualitative methods across four distinct papers using a sequential mixed-methods approach. The first paper uses a systematic literature review (SLR) to develop a strategic framework for trade secret protection, integrating RBV and DC theories. The second paper explores trade secret management processes through a thematic analysis of 52 UK legal cases and five expert interviews. It highlights the importance of organisational awareness, employee commitment, and support from legal, IT, and HR departments. The third paper addresses the challenges of trade secret identification, proposing a UVRIP framework based on KM theory and providing a strategic tool for systematically identifying and categorising trade secrets. The final paper presents a comprehensive approach to trade secret misappropriation mitigation, outlining a step-by-step process aligned with DC theory, incorporating findings from industry interviews and legal case studies. The key findings of this PhD research underscore the dynamic and multifaceted nature of trade secret management, necessitating the simultaneous application of RBV, DC, and KM theories.This study introduces a structured trade secret management process, emphasizing the strategic alignment between trade secret management and broader organizational goals. It advocates for the implementation of internal policies, employee training, and robust protection mechanisms. The research significantly contributes to academic literature and practical management by providing a comprehensive framework and process for trade secret management. It offers valuable insights for managers, policymakers, and stakeholders aiming to enhance trade secret protection and leverage these critical assets for sustained competitive advantage. The study also presents country-specific recommendations for the UK and enhances global understanding and practices of trade secret management. In conclusion, this PhD research integrates multiple theoretical perspectives and provides actionable strategies for effective trade secret management, fostering more resilient and innovative business practices.
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Thomas M. Noone · Research Management · 1978
An invention can be protected by practicing it as a trade secret or by patenting it. The choice between these methods depends on both direct financial rewards and later marketing consequences, and on the nature of the innovation and the dynamics of the relevant technology. Trade secret protection is useful for a process that can be practiced without detection and where a patent would give only limited protection or be difficult or expensive to enforce. Patenting is favored when it is likely that the innovation will be made by others and when there is a larger investment to protect. Further differences, advantages, and disadvantages of these two methods of protection are described.
Cited by 4
Nicola Searle · St Andrews Research Repository (St Andrews Research Repository) · 2010
This thesis reports on the economic analysis of trade secrets via data collected from prosecutions under the U.S. Economic Espionage Act (EEA.) Ratified in 1996, the EEA increases protection for trade secrets by criminalizing the theft of trade secrets. The empirical basis of the thesis is a unique database constructed using EEA prosecutions from 1996 to 2008. A critical and empirical analysis of these cases provides insight into the use of trade secrets. \n \nThe increase in the criminal culpability of trade secret theft has important impacts on the use of trade secrets and the incentives for would-be thieves. A statistical analysis of the EEA data suggest that trade secrets are used primarily in manufacturing and construction. A cluster analysis suggests three broad categories of EEA cases based on the type of trade secret and the sector of the owner. A series of illustrative case studies demonstrates these clusters. \n \nA critical analysis of the damages valuations methods in trade secrets cases demonstrates the highly variable estimates of trade secrets. Given the criminal context of EEA cases, these valuation methods play an important role in sentencing and affect the incentives of the owners of trade secrets. The analysis of the lognormal distribution of the observed values is furthered by a statistical analysis of the EEA valuations, which suggests that the methods can result in very different estimates for the same trade secret. \n \nA regression analysis examines the determinants of trade secret intensity at the firm level. This econometric analysis suggests that trade secret intensity is negatively related to firm size. Collectively, this thesis presents an empirical analysis of trade secrets.
Cited by 6Open access
Nadya Utari · Referendum · 2024
In accordance with Indonesia's Trade Secret Law, the proprietor of any technological or business information that is both uncommon and of economic value is obliged to maintain its confidentiality. It is incumbent upon companies to enter into specific agreements with employees who are privy to this information, with the objective of preventing leaks. The case studies of PT AIA Financial and PT 3D Garmentech illustrate the significance of legal protection and dispute resolution in the context of corporate data leaks. This research employs a qualitative analysis of the issue, utilizing both secondary and primary data and normative legal methods. This research concludes that the owner of a trade secret is entitled to exclusive use and licensing of the trade secret, and may prohibit other parties from using or disclosing such information for commercial purposes, in accordance with Article 4 of the UURD. In the event of a leak, disputes can be resolved through non-litigation channels or, in the event that these prove ineffective, through closed-door courts. A variety of legal protections are available to owners of trade secrets, including the use of confidentiality agreements with employees and the initiation of civil suits for compensation. Additionally, criminal law offers protection, as delineated in Articles 16 and 17 of the UURD. The drafters of the UURD vested the state with the authority to enforce compliance with trade secret legislation.
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Dhaifina Zayyan, Lintang Yudhantaka · Perspektif Hukum · 2025
This study examines the importance of trade secret protection in Indonesia. Trade secret protection is crucial for maintaining honesty and fairness in business competition. Without it, companies can face theft and espionage, which harm the owners of these valuable intangible assets. An NDA is legally binding, meaning that the parties signing the agreement are obligated to comply with all agreed terms. If one party violates the NDA, for example by leaking confidential information, the injured party has the right to seek compensation through legal channels. Law Number 30 of 2000 stipulates criminal sanctions for violations of Article 17 of Trade Secrets or actions that violate Articles 13 or 14, which can be punished with a maximum of two years' imprisonment or a fine of up to Rp 300 million, or through arbitration and alternative dispute resolution methods such as negotiation, mediation, or conciliation, in accordance with Law Number 30 of 1999.
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Anzhelika Vasilievna Safina · Вестник Института права Башкирского государственного университета · 2025
The article considers a set of legal, organizational, technical and forensic measures aimed at protecting the trade companies’ commercial secrets in the context of digitalization, high staff turnover and increasing number of information leakage incidents. The relevance of the study is due to the sectoral characteristics of the trade sphere, which increase the vulnerability of business to internal and external threats, as well as the significant difficulties in bringing perpetrators to disciplinary, civil and criminal liability in the absence of an appropriate regime for protecting confidential information. The purpose of the research is to identify legal mechanisms and a set of internal organizational and technical tools that ensure effective protection of trade companies from crimes and offenses related to the illegal receipt, use and disclosure of information constituting a trade secret, as well as to develop scientifically based recommendations for the improvement of this complex. Research methods include methods of classification, analysis and generalization, as well as a formal legal approach. Results: it has been established that the effectiveness of trade companies’ legal protection directly depends on proper documentation of the trade secret regime and compliance with legal requirements. Based on the practice analysis, a comprehensive system of measures is proposed aimed at preventing leaks and providing conditions for bringing violators to justice.
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Richard A. Magnan · Defense Technical Information Center (DTIC) · 1986
The purpose of this thesis is to evaluate the legal methods available for protecting proprietary rights in software. Copyright, patent, and trade secret law have been used to protect different types of material and are now being used to protect software. This investigation examines what protection is available and how it protects the software developer's investment. Special emphasis is placed on Air Force software procurement and retention of software data rights. Statutes and court cases are reviewed to determine the legislative and judicial views of the copyright, patent, and trade secret protection available for software. Of particular interest was the handling of software technical issues by the nontechnically trained judges and attorneys. This study recommends changes to the legal system based on deficiencies in handling computer software based upon legal and technical computer science issues.
Cited by 0
Nashkova, S · University of Tasmania · 2021
The current economic environment featured by the dominance of knowledge-based economies has heightened the importance of commercially valuable information as a 'currency' to attaining competitiveness on the market. That has, in turn, piqued the interest and use of legal mechanisms that afford their protection, such as trade secrets and patents. The proliferation of trade secrets as a vehicle directed to this end finds its rationale in the advantages they offer over patent protection. When recognised by law, trade secrets enable protection of a wider scope of subject-matter, as well as being almost unlimited in 'lifespan', relatively cheap and fast to obtain, which are not inherent features of patent protection. Yet espousing policies to govern the protection of trade secrets was not something that regulatory and legislative policymakers traditionally focused on. Since the first trade secrets cases emerged in the early nineteenth century, there has been little initiative to harmonise trade secrets law at an international level. The only international treaty touching on the subject was the 1994 Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), under the auspices of the World Trade Organisation (WTO). Its main contribution towards harmonisation is in defining 'undisclosed information' (encompassing trade secrets), and acknowledging the right of the owner to protect such information against disclosure, acquisition or use by others 'in a manner contrary to honest commercial practices'. Nevertheless, TRIPS offers no specific details on how the protection of 'undisclosed information' should be enforced under national regimes. This has been left to national case law and legislation, which has perhaps not surprisingly generated different jurisdictional perspectives on the issue. This thesis investigates the approaches to trade secret protection in the United States (US), the United Kingdom (UK) and Australia, with three main objectives. The first is to identify the origin and development of trade secrets law, therein highlighting theoretical, doctrinal and policy challenges that each regime has encountered in defining and protecting trade secrets absent an internationally applicable instrument to provide uniform guidance. In this context, the thesis also probes the specific initiatives these jurisdictions have taken in responding to emerging challenges that have ultimately shaped the fundamental principles governing their trade secrets regimes. The second objective is to provide a comparative analysis of the key principles of each regime, including the definition of 'trade secret', prohibited conduct, forms of relief, and so forth, to highlight areas of divergence capable of surfacing in cross-border transactions. Where the thesis finds that the jurisdictional-based approaches 'fall short' in providing adequate protection within but also beyond jurisdictional lines, it makes recommendations for improvement. Evaluating the adequacy of each regime from both a local and comparative perspective serves to inform whether the jurisdictional-based approaches remain an apt avenue to protect trade secrets that, in an internationalised world, have become increasingly crossborder in nature. In suggesting to the contrary, the thesis proposes standardised statutory protection of trade secrets, civilly and criminally, in a global context. More than 25 years after TRIPS, the number of initiatives taken in each jurisdiction, challenges for the judiciary and losses suffered by businesses (due to variables resulting in inconsistent protection within and beyond jurisdictional lines) leave little justification for trade secrets law to remain solely the domain of domestic law; instead, these underscore the need for intervention on an international level. Third, based on the conclusion stemming from the evaluation of the adequacy of the trade secret law of each jurisdiction, the thesis proposes that the current US trade secret regime, based on the Defend Trade Secrets Act of 2016 (DTSA), be used as a model for tailoring an internationally applicable instrument. Uniform rules under such an instrument, if implemented under national regimes, will increase the clarity and predictability of the methods of trade secret protection, enabling their more efficient enforcement beyond jurisdictional lines.
Cited by 0Open access
Nashkova, S · Figshare · 2021
The current economic environment featured by the dominance of knowledge-based economies has heightened the importance of commercially valuable information as a 'currency' to attaining competitiveness on the market. That has, in turn, piqued the interest and use of legal mechanisms that afford their protection, such as trade secrets and patents. The proliferation of trade secrets as a vehicle directed to this end finds its rationale in the advantages they offer over patent protection. When recognised by law, trade secrets enable protection of a wider scope of subject-matter, as well as being almost unlimited in 'lifespan', relatively cheap and fast to obtain, which are not inherent features of patent protection. Yet espousing policies to govern the protection of trade secrets was not something that regulatory and legislative policymakers traditionally focused on. Since the first trade secrets cases emerged in the early nineteenth century, there has been little initiative to harmonise trade secrets law at an international level. The only international treaty touching on the subject was the 1994 Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), under the auspices of the World Trade Organisation (WTO). Its main contribution towards harmonisation is in defining 'undisclosed information' (encompassing trade secrets), and acknowledging the right of the owner to protect such information against disclosure, acquisition or use by others 'in a manner contrary to honest commercial practices'. Nevertheless, TRIPS offers no specific details on how the protection of 'undisclosed information' should be enforced under national regimes. This has been left to national case law and legislation, which has perhaps not surprisingly generated different jurisdictional perspectives on the issue. This thesis investigates the approaches to trade secret protection in the United States (US), the United Kingdom (UK) and Australia, with three main objectives. The first is to identify the origin and development of trade secrets law, therein highlighting theoretical, doctrinal and policy challenges that each regime has encountered in defining and protecting trade secrets absent an internationally applicable instrument to provide uniform guidance. In this context, the thesis also probes the specific initiatives these jurisdictions have taken in responding to emerging challenges that have ultimately shaped the fundamental principles governing their trade secrets regimes. The second objective is to provide a comparative analysis of the key principles of each regime, including the definition of 'trade secret', prohibited conduct, forms of relief, and so forth, to highlight areas of divergence capable of surfacing in cross-border transactions. Where the thesis finds that the jurisdictional-based approaches 'fall short' in providing adequate protection within but also beyond jurisdictional lines, it makes recommendations for improvement. Evaluating the adequacy of each regime from both a local and comparative perspective serves to inform whether the jurisdictional-based approaches remain an apt avenue to protect trade secrets that, in an internationalised world, have become increasingly crossborder in nature. In suggesting to the contrary, the thesis proposes standardised statutory protection of trade secrets, civilly and criminally, in a global context. More than 25 years after TRIPS, the number of initiatives taken in each jurisdiction, challenges for the judiciary and losses suffered by businesses (due to variables resulting in inconsistent protection within and beyond jurisdictional lines) leave little justification for trade secrets law to remain solely the domain of domestic law; instead, these underscore the need for intervention on an international level. Third, based on the conclusion stemming from the evaluation of the adequacy of the trade secret law of each jurisdiction, the thesis proposes that the current US trade secret regime, based on the Defend Trade Secrets Act of 2016 (DTSA), be used as a model for tailoring an internationally applicable instrument. Uniform rules under such an instrument, if implemented under national regimes, will increase the clarity and predictability of the methods of trade secret protection, enabling their more efficient enforcement beyond jurisdictional lines.
Cited by 0Open access
Afif Khalid, Yamani Naufal · International Journal of Sociology and Law · 2024
The protection of trade secrets against non-disclosure agreements is increasingly necessary in every cooperation agreement as a form of intellectual property protection. The purpose of this research is to know and understand the urgency of the inclusion of confidential information in the clause of the cooperation agreement so that it is fundamental to the principle of pacta sunt servanda. This research uses an analytical approach method to examine research materials through analysis of legal materials using normative legal research methods (Legal Research) In the protection of trade secrets, it also has a consequential impact on the abuse of the authority of the trade secret agreement contract because it has the nature of information that must be protected and not informed anywhere.
Cited by 1Open access
Hisham Jadallah Mansour Shakhatreh, Esraa Mohamed Ababneh · ECONOMICS FINANCE AND MANAGEMENT REVIEW · 2023
The study is devoted to the study of international experience in the protection of trade secrets in the leading countries of the world. The purpose of the study is a comparative analysis of the features of international experience in protecting the commercial secrets of corporations. The methodological basis of the study was the use of methods of comparative analysis, methods of analysis and synthesis, as well as an expert survey and a graphic method for presenting the results of the study. The main results of the study are the systematization of commercial information according to the degree of protection, as well as the generalization of the practice of the EU member states regarding the protection of commercial secrets. The main ways of disclosing information constituting a commercial secret are classified: communication of the specified information to other persons, in particular to competitors; providing documents containing information constituting a commercial secret to other persons for perusal; notification of the above-mentioned information in mass media, etc. Systematized measures for the protection of confidential information constituting a commercial secret, namely: organizational, legal, physical, technical and psychological. Organizational measures include a set of measures to protect information that is important for the enterprise by restricting access to it. Technical means involve the use of special programs and equipment that make it impossible to view and/or copy important electronic information. Legal measures involve bringing the internal documents of the corporation into compliance by making appropriate additions to them. The study presents the results of a survey of representatives of EU commercial structures regarding the leakage of trade secret information and tools for protection against leakage.
Cited by 0Open access
Hisham Jadallah Mansour Shakhatreh, Esraa Mohamed Ababneh · ECONOMICS FINANCE AND MANAGEMENT REVIEW · 2023
The study is devoted to the study of international experience in the protection of trade secrets in the leading countries of the world. The purpose of the study is a comparative analysis of the features of international experience in protecting the commercial secrets of corporations. The methodological basis of the study was the use of methods of comparative analysis, methods of analysis and synthesis, as well as an expert survey and a graphic method for presenting the results of the study. The main results of the study are the systematization of commercial information according to the degree of protection, as well as the generalization of the practice of the EU member states regarding the protection of commercial secrets. The main ways of disclosing information constituting a commercial secret are classified: communication of the specified information to other persons, in particular to competitors; providing documents containing information constituting a commercial secret to other persons for perusal; notification of the above-mentioned information in mass media, etc. Systematized measures for the protection of confidential information constituting a commercial secret, namely: organizational, legal, physical, technical and psychological. Organizational measures include a set of measures to protect information that is important for the enterprise by restricting access to it. Technical means involve the use of special programs and equipment that make it impossible to view and/or copy important electronic information. Legal measures involve bringing the internal documents of the corporation into compliance by making appropriate additions to them. The study presents the results of a survey of representatives of EU commercial structures regarding the leakage of trade secret information and tools for protection against leakage.
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Gavin C Reid, Nicola C Searle · RePEc: Research Papers in Economics
Protecting intellectual property by trade secrecy has become an increasingly attractive alternative to more conventional modes of IP protection, like patenting and copyright. This paper provides a statistical, econometric and case study analysis of the protection and valuation of trade secrets under the US Economic Espionage Act of 1996 (which criminalised trade secret theft). A new data set is created using EEA prosecutions from 1996 to 2008. By statistical and econometric analysis, it is shown: (a) that both high and low valuations of trade secrets follow a log-normal distribution, supporting Gibrat’s Law; and (b) that, while there is no significant difference in estimates of magnitudes of theft using diverse economic valuation methods (e.g. unjust enrichment, reasonable royalty etc), there is a significant difference between both high and low estimates, and the cross reference value which is often used in sentencing. This suggests, first, that the typical (say, modal) trade secret has quite low value (e.g. $5m.), but some (few) values can be very much larger (e.g. $250m.); and second, that determining sentence values involves other elements than pure economic calculation, like culpability of offenders and proportionality.
Cited by 0
Roman Zemliakov · Actual problems of improving of current legislation of Ukraine · 2025
Purpose: the scientific work was carried out in order to systematize the creation of the procedure for classifying information as a trade secret. The main task of this study was to establish, identify and develop the main directions of building a system for classifying a certain volume of data as a trade secret when applying procedures for protecting information with limited access.Design/Method/Approach (only for empirical papers): in the process of writing the scientific work, qualitative research methods were used, based on the analysis of the regulatory framework and modeling of the processes of classifying information as a trade secret circulating in the internal, external and peripheral sectors of the organization.Findings: based on the results of the scientific research, recommendations were developed on the procedure for creating and applying the procedure for classifying information as a trade secret in the field of protecting information with limited access, a distinction was made between trade secrets of functional importance and strategic application. The need for regulation and regulation of the information protection system when applying trade secrets of strategic importance was identified. Diversification of private business entities, conducting extensive scientific research and testing processes requires the development of cross-sector protocols for the protection of trade secrets based on the regulatory framework and a specific procedure for classifying information as a trade secret.Theoretical implications (if applicable): in the process of conducting the study, a scientific theory was developed on the need to create and regulate the application of the procedure for classifying information as a trade secret and the application of a system of measures to protect certain categories of information.Practical implications (if applicable): the practical application of the results of the conducted scientific research lies in the possibility of integrating the developed structure of the procedure for classifying information as a trade secret and the application of measures to protect certain categories of information within the framework of the general information system with limited access into the functional structure of management of organizations, scientific institutions, and research centers.Originality/Value: based on the results of the scientific research, a structure of the procedure for classifying information as a trade secret was formed, criteria for evaluating a certain volume of data were formed. The basis for implementing a system of measures to protect certain categories of information was formed.Research limitations/Future research: the results of the study can be integrated into the practical implementation and implementation of the procedure for classifying information as a trade secret within the organization in order to protect restricted information, determine the extent of damage in the event of a leak, disclosure or loss of material media containing trade secrets. The study focuses on analyzing the possibilities of improving the procedure for classifying information as a trade secret and classifying this segment of restricted information into subcontracts and groups in the interests of the business entity and ensuring national security.
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