The advances in technology that have increased employee productivity have also increased the risk of those same employees stealing technical secrets if they leave the company. Customer lists, manufacturing processes, databases and software are considered trade secrets, information that is not generally known in the marketplace and that gives the owner an advantage in his industry. There is more danger that these trade secrets will be stolen now that it can be done with a few simple keystrokes.
Information is more available today, and a greater number of employees have access to it.
The legal protection provided for years by copyrights, patents and trademarks is being applied today to software programs and databases. If an employee acted in a disloyal manner while being employed, the employer may be able to protect itself under general fiduciary duty laws. Businesses can supplement these forms of protection with confidentiality agreements, which simply state that an employee will not disclose vital information to another entity. The noncompete covenant is another way companies protect themselves. Maultsby says that although there is a rise in the number of covenants not to compete, they are sometimes not adequate.