The entry of Threads on the social media platform has ignited a global frenzy. PHOTO | SHUTTERSTOCK
The entry of Threads on the social media platform has ignited a global frenzy. The new sheriff in town instigated a fiercely competitive legal battle between Meta and Twitter.
As the tale unravelled, trade secrets took centre stage, becoming the key to victory in this fantastical clash.
This dispute presents an opportunity for Kenyan businesses, both large and small, to re-evaluate their trade secret protection strategies beyond the traditional non-disclosure agreement (NDA).
Trade secrets are the lifeblood of many successful companies because they encompass a wide range of confidential information that provides these companies with a unique competitive advantage.
Nonetheless, safeguarding trade secrets requires a concerted effort from Kenyan employers. Kenyan businesses spanning various industries such as manufacturing, Telecomms, insurance, and banking rely on closely guarded unique procedures and formulas.
By protecting these trade secrets, they can differentiate themselves, attract investors, and secure long-term success.
The enthralling clash of Meta and Twitter has become a cautionary fable, reminding Kenyan businesses of the sobering truth of the importance of protecting their own secret recipes for success.
Whereas NDAs establish confidentiality obligations, they may fall short in preventing the misappropriation of trade secrets or addressing emerging challenges in the digital age.
Instances of trade secret breaches have been witnessed in organisations such as BAT and Kilimani Junior Academy Limited, leading them to initiate legal proceedings against the Government of Kenya and consultants, respectively, for breach of confidentiality pertaining to their valuable trade secrets.
Hence, Kenyan employers need to develop a multi-faceted approach that encompasses various measures to fortify trade secret protection.
Employers must also establish comprehensive internal policies and procedures for safeguarding trade secrets and enshrine them in the hearts and minds of their employees.
By fostering a culture of secrecy and vigilance, companies can create an environment where trade secrets are treated as invaluable assets and employees are fully aware of their role in safeguarding them.
In addition, robust onboarding and off-boarding as well as training and awareness enchant the employees to understand their role in preserving the secrets that breathe life into the businesses.
Kenyan businesses need to secure IT infrastructure to protect digital trade secrets.
They can employ firewalls, intrusion detection systems and encryption to safeguard their trade secrets. In addition, conducting regular audits and risk assessments help to identify vulnerabilities.
And when misfortune strikes and a trade secret is stolen or misused, employers need to ensure that a safe space has been created for their employees to report these incidents, free from retaliation, summoning the strength of justice and integrity.
Controlling access to sensitive information is crucial to trade secret protection. Employers should implement strict access controls, limiting access to trade secrets to only those individuals who genuinely require such information to perform their duties.
By adopting a need-to-know basis approach, businesses reduce the risk of inadvertent or intentional leaks and limit exposure to potential threats.
The legal battle between Meta and Twitter is a powerful reminder that Kenyan businesses must adopt a comprehensive approach to trade secret protection.
While NDAs play a role, relying solely on them for trade secret protection may leave businesses vulnerable. Safeguard your trade secrets, for they are the enchanted keys to unlocking a realm of innovation, growth, and prosperity.
Let us evolve our strategies to ensure that our trade secrets remain shielded in an ever-evolving business landscape.
The writer is a governance, risk and compliance specialist.
→ deborahmomanyi@gmail.com
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