310 CMR 3.23 - Criteria for Determining a Trade Secret
In determining whether a record is a trade secret, the Department shall apply the following criteria:
(1) The extent to which the trade secret is
known by persons other than the person submitting the record in
question.
(2) The extent to which
the trade secret is known by employees of the person submitting the record in
question, and others involved in that person's business.
(3) The extent to which measures are taken by
the person submitting the record in question to guard the secrecy of the trade
secret.
(4) The value of the trade
secret to the person submitting the record in question and to that person's
competitors.
(5) The amount of
effort in developing the trade secret.
(6) The ease or difficulty with which the
information could be properly acquired or duplicated by others.
Notes
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