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What is meant by"under the circumstances?"
Reasonable measures under the circumstances include all facts and circumstances surrounding the information and its treatment. Happy, loyal employees are more likely to keep information confidential. Certain types of information in a company may "obviously" be secret. Methods of communicating the information may show secrecy (whisper versus speech). The employer needs to make its desires known though oral and written communications, physical barriers, actions, and any other method of communicating. Protection of trade secrets involves creating an environment of confidentiality. Protection is not simply a checklist of protective measures. Employees are people that will generally act in a manner appropriate for their environment.
Updated: 11/12/99
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