# Trade secret audit
> Source: https://legalcode.md/skills/legalcode-trade-secret-audit | [HTML version](https://legalcode.md/skills/legalcode-trade-secret-audit)

Audit an organization's trade secret protection program against US DTSA (18 U.S.C. §§ 1836–1839), state UTSA variations, and EU Trade Secrets Directive 2016/943.

Audit an organization's trade secret protection program against US DTSA (18 U.S.C. §§ 1836–1839), state UTSA variations, and EU Trade Secrets Directive 2016/943. Conducts a comprehensive crown-jewels identification, reasonable-measures gap analysis, contractual portfolio review, employee-departure-protocol assessment, and litigation-readiness evaluation. Produces a severity-scored findings register, prioritized remediation roadmap, and Glass Box audit trail. Use when assessing trade secret program strength before litigation, M&A due diligence, regulatory review, or proactive compliance improvement. Also triggers for: "trade secret audit," "reasonable measures assessment," "crown jewels identification," "trade secret protection review," "inevitable disclosure analysis," "DTSA compliance check," "EU Trade Secrets Directive gap analysis," "employee departure trade secret risk," "misappropriation risk assessment," or "trade secret litigation readiness."

This skill audits an organization's trade secret protection program across six domains: (1) crown jewels identification, (2) reasonable measures (physical, IT, HR, contractual), (3) contractual portfolio, (4) employee departure protocols, (5) litigation readiness, and (6) M&A and third-party risk. It produces a severity-scored findings register and a prioritized remediation roadmap. **Covers:** - Crown jewels identification and classification (Tier 1–4 asset register) - Reasonable measures gap analysis under DTSA § 1839(3), UTSA § 1(4), and EU Directive Art. 2(1) - Physical security, IT/DLP, HR program, and contractual portfolio assessment - Employee departure protocol audit (pre-, during-, and post-departure) - Inevitable disclosure doctrine exposure (jurisdiction-dependent) - Whistleblower immunity compliance (DTSA § 1833(b)) - M&A and third-party trade secret risk - Misappropriation remedies overview (injunctive relief, damages, exemplary damages) - Litigation readiness scoring - AI/ML-specific trade secret considerations **Does not:** - Provide legal advice or replace qualified trade secret counsel - Conduct forensic investigation of suspected misappropriation (a separate engagement) - Draft non-disclosure agreements, employment agreements, or restrictive covenants - Perform technical source code or formula analysis - Apply exclusively to one jurisdiction — jurisdiction-specific content is marked [JURISDICTION-SPECIFIC] This skill is designed for **US/EU primary coverage** with jurisdiction-agnostic markers for other common ...

## Jurisdictions

Global



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