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/ Breakfast at Alessandri: Experts share keys to protecting trade secrets

November 8, 2024

Ongoing training, regular audits and clear exit policies to minimise the risk of information leaks are some of the recommendations that Alessandri’s expert lawyers gave to a group of clients at a breakfast on trade secrets.

Alessandri Abogados organised a breakfast attended by more than 40 guests, including in-house lawyers, executives and innovators to share key issues and best practices on the protection and management of trade secrets, a key topic in today’s business environment, especially after the recent legislative changes in Chile. Francesca Bozzo, associate, and Santiago Ortúzar, partner, gave presentations. The meeting was moderated by partner Rodrigo Velasco.

Francesca Bozzo introduced the session by explaining the legal definitions and the importance of recognising trade secrets as a competitive advantage. She stressed that it is essential that companies develop clear and up-to-date protocols, and that the innovation area is responsible for determining whether information should be treated as secret. ‘It is a process. We have to start to get up to the standard that the law requires us to,’ Francesca emphasised.

Santiago Ortúzar explained that the key is to identify trade secrets from the outset and not wait for a problem to arise before acting. ‘You have to choose what information gives your company an advantage over the competition and ensure that only those who really need it have access,’ Ortúzar said, highlighting the importance of confidentiality agreements (NDAs) as a starting point, but not as the only measure.

Rodrigo Velasco reinforced the need to implement robust internal policies and regulations that define how confidential information is handled and access control measures. ‘Controlling who has access to trade secrets and how this information is treated is essential to avoid unauthorised disclosures,’ he added.

Experts highlighted the relevance of maintaining continuous training, regular audits and clear exit policies to minimise the risk of information leaks. Evidence and documentary support of the efforts made, such as access logs and trainings, are crucial to protect the company in cases of dispute.

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