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ARTICLE · 30 DECEMBER 2025

GG Thinks: Confidentiality Alone Is Not Enough To Protect Trade Secrets

Unlike patents or copyright, trade secrets rely on secrecy for both their value and their legal protection. Every company holds information it wants to keep confidential in order to maintain an edge over competitors.

PortugalIntellectual Property

Unlike patents or copyright, trade secrets rely on secrecy for both their value and their legal protection. Every company holds information it wants to keep confidential in order to maintain an edge over competitors. Whether that information is technical (for example, a manufacturing formula or process), commercial (such as balance sheets or customer and client lists), or strategic knowledge (for example, a recipe, a chemical compound, a marketing study, pricing information, or details relating to the launch of new products), if it is commercially valuable, companies should ensure it is kept secret — particularly from competitors.

But how can this be achieved when employees need access to that information in order to perform their roles? You do not need to go as far as Benjamin Franklin and adopt the mantra that "three may keep a secret, if two of them are dead." At the same time, this is not a free-for-all in which employers can prevent people from changing jobs

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