Harmonizing Cybersecurity And Trade Secret Protection

Law360, New York (December 4, 2015, 11:16 AM EST) -- Companies are investing heavily in cybersecurity to mitigate risks associated with data breaches. Cybersecurity has become a board-level matter and in response, many companies are implementing a framework such as the cybersecurity framework from the National Institute of Standards and Technology. As companies adopt the NIST framework or a similar framework to protect data and critical infrastructure from cyberattack, they should consider how this process implicates their trade secrets. An approach that simply treats trade secret data as one of many categories of data may fall well short of providing adequate protection for the trade secrets many companies count as some of their most valuable assets. This article provides guidance as to how the implementation of the NIST framework for cybersecurity can be harmonized with an effective trade secret protection plan....

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