
Who can get a trade secret?
Anyone who creates some type of information which is kept secret, and which confers an economic value to them by nature of that secrecy, can protect that information as a trade secret. However, within the employment context, employees typically have agreements with their employer which specify that any trade secrets created by the employee within the scope of their employment belong to the employer. Thus, if the employee later leaves the company, the trade secret remains with the employer and the employee cannot use or disclose the trade secret.