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Trade secret lawyers | Reasonable confidentiality measures and infringement dispute resolution
Fidelity Law Firm assists companies in legally reviewing trade secrets, reasonable confidentiality measures, confidentiality agreements, and infringement disputes. The cybersecurity review focuses on legal compliance, management practices, and the availability of evidence; it does not guarantee hacker protection, penetration testing, or certification results. For a comprehensive overview of patents, trademarks, copyrights, and trade secrets, please refer to [reference needed].Legal services for corporate intellectual property rights.
Trade secrets and information security protection
The truly important assets of a company are often not equipment, but rather customer lists, source code, technical data, and operational processes.
Fidelity Law Firm assists companies in reviewing their trade secret protection and information security systems from a legal perspective, handling compliance reviews, trade secret assessments, confidentiality agreements, employee confidentiality contracts, non-compete clauses, data access control, and civil claims, criminal lawsuits, and litigation strategies following trade secret infringement. For IT companies, technology companies, manufacturers, R&D teams, and companies highly reliant on data assets, system design and evidence preservation are often key to successfully protecting their rights in the future.
Trade secret lawyerInformation security lawyerTrade secret protectionCybersecurity InspectionCybersecurity checkConfidentiality Agreement (NDA)Non-compete AgreementTrade secret litigation
Common Enterprise Risks
Which companies most need to immediately review their trade secret and information security policies?
Information companies, software companies and the technology industry
Source code, system architecture, algorithms, databases, customer information, pricing strategies, and development processes can all be highly sensitive trade secrets.
R&D, manufacturing, contract manufacturing and supply chain companies
If technical drawings, process parameters, formulas, molds, supplier information, and cost data are leaked, it could directly lead to a loss of competitive advantage.
Business teams and companies that heavily rely on customer lists
Former employees taking customer lists, price quotations, contract terms, or sales materials with them often leads to disputes over trade secrets, non-compete agreements, and damages.
Enterprises that frequently outsource development, maintenance, or cloud collaboration
Whether outsourcing companies, consultants, and partners have signed confidentiality agreements, whether access rights are tiered, and whether data is properly documented are all key areas of potential future disputes.
Companies preparing to implement ISO 27001 or cybersecurity management
Information security is not just a technical issue; it also involves the integration of internal regulations, contracts, education and training, audit records, and legal liability.
Companies that have experienced confidentiality leaks or suspected breaches
Before an employee leaves, they may download a large number of files, send emails out of the office, or have unusual cloud access permissions. In cases where a competitor suddenly contacts a customer, it is necessary to quickly preserve evidence and plan legal action.
Fidelity's service direction
It's not just about writing a confidentiality agreement; it's about planning everything from systems, contracts, authority, auditing to litigation.
Trade secret protection system and cybersecurity check
Our firm can assist companies in taking stock of important information assets, examining which data requires tiered protection, whether existing systems are sufficient to demonstrate "reasonable confidentiality measures," and assessing the completeness of internal regulations, access control, training, record keeping, and information security policies.
Civil, criminal, and evidentiary strategies after an infringement occurs
When employees leave the company and take customer lists, source code, or technical data, the company must first confirm whether the information meets the requirements for trade secrets and whether the company has taken reasonable confidentiality measures. Access records, access settings, downloads, outgoing documents, and equipment handover data must be stored within legally authorized limits. Unauthorized access to employees' personal accounts, personal devices, or unauthorized data is strictly prohibited; leakage of confidential information does not automatically equate to a criminal offense.
Confidentiality Agreement andEmployee departure and labor relations handling,Non-compete AgreementEach of these must be reviewed and evaluated separately, including evidence preservation, preliminary injunction, civil claims, and criminal charges. If the company itself has been searched or its executives are under investigation, their procedural status must also be assessed.Corporate Criminal DefenseFirst, examine the conflicts of interest among all parties.
When companies entrust third parties to handle e-commerce orders, member data, or information systems, they must also clarify their responsibilities for personal data protection, outsourcing supervision, and incident handling.Analysis of the Leakage of Personal Data from MUJI Online Shopping and the Security Responsibility of Foreign InvestorsIt can serve as a reference for relevant disputes; personal data incidents and trade secret infringements should still be judged separately.
The key to trade secret cases is not just that the information is important, but whether the company can prove that it has taken reasonable confidentiality measures.Without established systems, authority, contracts, and audit records, litigation becomes much more difficult when a violation actually occurs.
Legal and cybersecurity integrated services
Our firm can assist companies with matters related to trade secrets and information security.
System and internal regulation design
- Trade secret management system
- Classification and labeling of classified information
- Company Electronic Documents and Equipment Regulations
- Data access, maintenance and software installation regulations
Contracts and personnel management
- employee confidentiality agreement
- Confidentiality Agreement (NDA)
- Non-compete and handover clauses
- Confidentiality Clauses for Outsourcing, Consulting, and Partners
Information security check
- Server permissions and folder permissions view
- Cloud, Email, and Communication Software Usage Guidelines
- Download, mail, print and USB control
- Security of information equipment and office environment
ISO 27001 and ISMS
- Information security management system review
- Policy, Objectives, Processes and Resource Inventory
- Management review meetings and audit documents
- Cybersecurity compliance and corporate governance integration
Trade secret infringement remedies
- Departing employees take away documents
- Customer lists, quotations, and technical data leaked
- Source code, databases, and R&D materials were compromised.
- Civil claims, criminal complaints, and preliminary injunctions
Handling of major cases
- Assessment of disputes involving infringement of major trade secrets
- Combining legal, technical, and expert perspectives
- Damage Calculation and Audit Assessment
- Investigation, evidence preservation, and litigation strategies
Items that companies should check first
Cybersecurity checks and trade secret examinations should be conducted from the perspective of evidence that can be examined by the court.
Enterprise risk scenarios
Documents to be checked
Legal and Management Focus
Employees may have access to customer lists, quotations, and R&D materials.
Job permissions, folder permissions, CRM records, download and export records
Determine whether it is necessary to implement hierarchical classification, restrict access, establish record keeping, and clearly define confidentiality obligations in the contract.
The company has source code, algorithms, databases, or technical documents.
Version control, Git records, cloud permissions, outsourced development contracts, delivery records
Confirm the ownership of intellectual property, confidentiality obligations, and mechanisms for returning and destroying data upon resignation or when dealing with outsourcing companies.
Employees leaving or transferring to competitors
Handover upon departure, return of equipment, email and cloud records, confidentiality and non-compete agreements
Assess whether it is necessary to issue a letter, preserve evidence, impose a preliminary injunction, file a civil claim, or file a criminal complaint.
Collaborative development, supply chain, or outsourced maintenance
NDA, outsourcing contracts, access control, cybersecurity policies, information delivery and retrieval processes
To prevent the leakage of confidential information during the cooperation process, and to retain the contracts and technical records necessary for future accountability.
The company plans to implement ISO 27001 or cybersecurity management.
ISMS documentation, risk assessment, management review, training, and audit records.
Make cybersecurity policies not just documents, but link them to trade secret protection, corporate governance, and legal compliance responsibilities.
A breach of confidential information or suspected infringement has occurred.
Login records, download and mailing records, device identification, chat logs, customer churn data
First, preserve the evidence, and then decide whether to take legal action such as issuing a lawyer's letter, imposing a preliminary injunction, filing a civil lawsuit, or initiating criminal proceedings.
Why choose Fidelity?
Cases involving trade secrets and information security require expertise in business, evidence, and litigation.
20 years of experience in commercial law and intellectual property
Our firm has extensive experience in handling corporate legal counsel, intellectual property, commercial contracts, and major commercial disputes, and we have a deep understanding of corporate data, assets, and transaction processes.
Combining legal, information security, and forensic thinking
Trade secret cases often require technical data, system records, access control settings, forensic identification, and damage calculation. Our firm will plan together the availability of evidence and litigation strategy.
From prevention systems to dispute resolution
Normally, we assist the company in establishing systems and contracts; afterwards, we assist in handling infringement investigations, lawyer's letters, evidence preservation, civil claims, criminal complaints and court litigation.
Media Legal Explanation | Trade Secrets and Employee Resignation Disputes in Tech Companies
Trade secret cases often involve technical documents, employee permissions, digital evidence, and internal management systems. Yu-Sheng Li, the lead attorney at Fidelity Law Firm, was interviewed by iNEWS, a financial news agency, regarding the trade secret dispute between Guangyun and Yuantai concerning AI liquid cooling technology, explaining the legal issues of trade secret protection and related criminal liability.
For businesses, the key to these cases is not just whether employees obtained company information, but also whether the information meets the legal requirements for trade secrets, whether the company has taken reasonable confidentiality measures, and whether it can provide sufficient electronic evidence to support its legal claims.
Source: Sanlih Finance iNEWS | Legal Commentary by Lawyer Li Yusheng (Media Interview)
Further reading:Guangyun Yuantai's trade secret controversy: How to determine if an employee takes away technical data when leaving the company? · Watch the original news on YouTube
This video is a legal commentary by a media interview and does not represent our firm's handling or representation of this news event; the procedural status described in the news is as it was at the time of the report.
FAQ
Common Issues in Trade Secret Protection and Information Security
When should a company hire a trade secret lawyer or a data security lawyer?
If a company possesses critical information such as customer lists, pricing strategies, source code, technical documents, process parameters, supplier information, financial models, algorithms, R&D data, or internal management systems, it should establish a trade secret protection system as early as possible. If incidents such as employees leaving and taking data, competitors suspected of using company data, unauthorized access to systems, or leaks of confidential information have already occurred, a lawyer should be consulted immediately to assess evidence preservation, civil claims, and criminal prosecution.
What typically are included in a trade secret protection system?
Trade secret protection systems typically include confidentiality classification, access permissions, confidentiality agreements (NDAs), employee confidentiality agreements, non-compete clauses and handover clauses upon leaving the company, control over data downloads and external distribution, server and cloud access management, education and training, audit records, information security policies, and reporting and handling procedures in the event of a breach.
What can cybersecurity audits or trade secret checks do for a company?
Cybersecurity audits and trade secret reviews can help companies identify which information is worth protecting, whether current systems are sufficient to prove that the company has taken reasonable confidentiality measures, whether employee and outsourcing contracts are complete, whether data access and record keeping are sufficient, and whether civil litigation, criminal prosecution, and claims for damages can be supported in the event of future infringement cases.
Do confidentiality agreements, NDAs, and non-compete clauses need to be reviewed by a lawyer?
It is recommended that the agreement be reviewed by a lawyer. Confidentiality agreements and NDAs must clearly define confidential information, confidentiality obligations, restrictions on use, return and destruction, liability for breach of contract, and jurisdictional agreements; non-compete clauses must pay attention to the legality of their necessity for the job, duration, region, scope, and compensation, otherwise they may not be effectively enforceable in the event of a dispute.
What should be done if an employee takes company documents with them after leaving the company?
The company should first preserve evidence such as login records, download records, emails, cloud access records, equipment handover records, resignation documents, chat logs, and customer changes. Then, a lawyer should assess whether to apply for evidence preservation, preliminary injunction, civil damages, or file criminal charges such as trade secrets violations, computer misuse violations, or breach of trust.
What are the specialties of Fidelity Law Firm in trade secret and information security cases?
Our firm combines legal and business practices with information security thinking, and has extensive experience handling trade secrets, intellectual property, commercial disputes, and major civil and criminal cases. For businesses, the focus is not just on post-event litigation, but on planning comprehensively from the perspectives of systems, contracts, authority, auditing, evidence, and litigation strategies to reduce the risk of confidentiality leaks and litigation failures.
Is your company concerned about the leakage of confidential information, or would you like to conduct a trade secret and cybersecurity check first?
You can first prepare company internal regulations, confidentiality agreements, access control information, cybersecurity policies, resignation records, or evidence of suspected infringement. Our firm can assist in assessing systemic risks and determining the next legal steps.
02-7709-361117th Floor, No. 180, Section 2, Dunhua South Road, Da'an District, Taipei Cityinfo@fdlaw.com.twLine: @fdlaw
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