UK · contractsSources checked
What makes business information a protected trade secret in the UK?
Under regulation 2 of the Trade Secrets (Enforcement, etc.) Regulations 2018, information counts as a trade secret only if it is secret, meaning not generally known or readily accessible to people in the circles that normally deal with that kind of information; it has commercial value because it is secret; and the person lawfully in control has taken reasonable steps to keep it secret. All three must hold.
Sources
- The Trade Secrets (Enforcement, etc.) Regulations 2018, regulation 2 (Interpretation)legislation.gov.uk · checked 17 August 2026 · As made version of SI 2018/597.
Related questions
- Does information have to be valuable to qualify?
- Regulation 2 requires that it has commercial value because it is secret. Value alone is not enough, and neither is secrecy alone: all three conditions must be met.
- Where does an NDA fit in?
- Regulation 2 requires reasonable steps under the circumstances to keep the information secret. It does not name any particular document, so what counts as reasonable steps depends on the circumstances.
What this answer does not cover
- This page covers what qualifies as a trade secret. Remedies for unlawful use or disclosure sit elsewhere in the Regulations and are not covered here.
- Whether a specific set of precautions amounts to reasonable steps is a question of fact, not something this page decides.
