Protecting trade secrets? Just saying ‘secret!’ isn't enough
In a series of blog posts, Marco Coolen provides insight into his work as a Dutch and European patent attorney at AOMB.
Published on August 3, 2025
Marco, a patent attorney at AOMB since 2013, shares his expertise on IO+ about patents—how they work, why they matter, and when they lose their value.
Every entrepreneur has information that they consider to be their secret recipe. But in practice, these secrets often turn out to be less secret than expected. A password on a Post-it note next to the screen. Design files on a poorly secured shared server. Or employees who casually share something during a networking event.
Trade secrets are only valuable if you really protect them.
Marco Coolen, photo © Bart van Overbeeke
What exactly is a trade secret?
According to the Trade Secrets Act, information is only considered a trade secret if it meets three clear conditions:
1. The information is secret.
It must not be publicly known or easy to find. If someone can find it with a quick Google search, it is not a secret.
2. The information has commercial value.
You earn money from the fact that others do not know it. It gives you a competitive advantage.
3. You have taken reasonable measures to keep it secret.
This is where things often go wrong. The court takes a strict view: you must be able to prove that you have done your best to keep your secret secret.
No measures? Then you're in a weak position
Has your trade secret been stolen or misused, and do you want to take legal action? Then the court will first want to see what measures you have taken:
✔️ Who had access to the information?
✔️ Was access restricted and controlled?
✔️ Were there confidentiality agreements?
✔️ How was digital security arranged?
If you don't have these basics in place, it will be difficult to defend your rights, even if it is obvious that your competitor has stolen your secret.
What can you do? Practical measures for SMEs
For multinationals, it's simple: they divide their secrets into pieces. No one has access to the whole picture. This keeps the risk manageable.
For the average SME, such a ‘James Bond construction’ is often excessive. But even without a million-dollar budget, you can take practical measures:
✔️ Limit the circle of people who have access: Not everyone needs to know everything.
✔️ Use non-disclosure agreements (NDAs): Have employees, suppliers, and partners sign a statement that they will treat information as confidential.
✔️ Ensure good IT security: Strong passwords, secure servers, and access based on job function.
✔️ Limit written distribution: Sometimes it is better simply not to share certain knowledge on paper or digitally. What is only in your head is difficult to leak.
Better not to share than to protect poorly
Sometimes the best strategy is very simple: just don't tell everyone. The fewer people who know your trade secrets, the easier it is to keep control.
Trade secrets are a powerful competitive tool, provided they are well protected. Simply declaring something to be secret is not enough. It's all about active and demonstrable protection.
So ask yourself: have I really protected my secrets properly? If the answer is ‘no’, you know what you need to do tomorrow. Because only when you've done your homework will you have a strong legal position if things go wrong.
The World of Patents
Dutch and European patent attorney Marco Coolen (AOMB) provides us with a deeper understanding of the world of patents. How do they work, why are they essential, but also: when do they lose their usefulness?
View The World of Patents