INSIDE COMPLIANCE

Most companies own valuable trade secrets, such as the recipe for Coca-Cola or Google’s algorithm. But can a company that develops AI have trade secrets? The Uniform Trade Secrets Act defines a trade secret as “information, including a formula, pattern, compilation, program, device, method, technique, or process,” that derives economic value and is the subject of efforts to maintain its secrecy. The protection of trade secrets is essential for companies to maintain their competitive edge and drive economic growth. As such, they are instrumental in both corporate governance and compliance. Companies already deal with the risks of employees using generative artificial intelligence (AI) and exposing trade secrets; however, recent AI regulations in Europe and the United States have further increased risks relating to trade secrets.