Georgia Trade Secret Laws: How to Protect Your Confidential Business Information

For many small businesses, trademarks aren’t the only valuable assets at risk. Proprietary information, like customer lists, marketing strategies, product formulas, and internal business practices, can be just as critical.

Georgia's Trade Secrets Act (O.C.G.A. § 10-1-760 et seq.) provides strong legal protections against the misuse or theft of confidential business information. If a former employee, competitor, or business partner misuses your proprietary information, you may have grounds for legal action.

What Qualifies as a Trade Secret in Georgia?
Georgia law defines a trade secret as any business information that:

• Has independent economic value because it's not publicly known

• Is subject to reasonable efforts to keep it confidential

This can include:

• Customer and supplier lists

• Marketing strategies and pricing models

• Product designs, formulas, and manufacturing processes

• Internal business methods and proprietary software

If your business relies on confidential information that gives you an edge, it may qualify for trade secret protection.

How Georgia's Trade Secret Law Protects Businesses
If an employee or competitor misappropriates your trade secrets, Georgia law allows you to:

• Seek an injunction – A court order blocking further use of stolen information

• Recover damages – Including lost profits and, in some cases, punitive damages

• Secure emergency legal action – Courts may issue temporary restraining orders (TROs) if your business is at immediate risk

Unlike trademarks, which require formal registration, trade secret protection depends on how well your business safeguards the information.

How to Prevent Trade Secret Theft
The best way to avoid a legal battle is by taking proactive measures to protect confidential business information:

• Use strong NDAs (Non-Disclosure Agreements) or Confidentiality Agreements – Ensure employees and contractors legally commit to confidentiality

• Restrict access – Only allow key employees to access sensitive information

• Monitor and audit – Regularly review who has access to trade secrets and how they're used

If you believe someone has stolen, shared, or misused your confidential business information, legal action may be necessary.

Take Action to Protect Your Business
Trade secret theft can cripple a business overnight. If you suspect an employee or competitor has misused your proprietary information, immediate legal action is key.
Our firm helps Georgia businesses secure their confidential assets and enforce trade secret laws. Contact us today for a consultation on protecting your business information.