{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/59.1-336.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/59.1-336.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/59.1-336.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/59.1-336.html"}],"law_id":73338,"edition_id":1,"section_id":73338,"structure_id":15368,"section_number":"59.1-336","catch_line":"Short title and definitions","history":"1986, c. 210; 2009, cc. 321, 376.","full_text":"As used in this chapter, which may be cited as the Uniform Trade Secrets Act, unless the context requires otherwise:\n\t\t“Improper means” includes theft, bribery, misrepresentation, use of a computer or computer network without authority, breach of a duty or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means.\n\t\t“Misappropriation” means:\n\n1\n\nAcquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or2\n\nDisclosure or use of a trade secret of another without express or implied consent by a person who\n\t\t\ta. Used improper means to acquire knowledge of the trade secret; or\n\t\t\tb. At the time of disclosure or use, knew or had reason to know that his knowledge of the trade secret was1\n\nDerived from or through a person who had utilized improper means to acquire it;2\n\nAcquired under circumstances giving rise to a duty to maintain its secrecy or limit its use;3\n\nDerived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or4\n\nAcquired by accident or mistake.\n\t\t\t\t“Person” means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity.\n\t\t\t\t“Trade secret” means information, including but not limited to, a formula, pattern, compilation, program, device, method, technique, or process, that:1\n\nDerives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use, and2\n\nIs the subject of efforts that are reasonable under the circumstances to maintain its secrecy.","order_by":null,"text":{"0":{"id":263916,"text":"As used in this chapter, which may be cited as the Uniform Trade Secrets Act, unless the context requires otherwise:\n\t\t“Improper means” includes theft, bribery, misrepresentation, use of a computer or computer network without authority, breach of a duty or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means.\n\t\t“Misappropriation” means:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":263917,"text":"Acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":263918,"text":"Disclosure or use of a trade secret of another without express or implied consent by a person who\n\t\t\ta. Used improper means to acquire knowledge of the trade secret; or\n\t\t\tb. At the time of disclosure or use, knew or had reason to know that his knowledge of the trade secret was","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"21"},"3":{"id":263919,"text":"Derived from or through a person who had utilized improper means to acquire it;","type":"section","prefixes":["2","1"],"prefix":"1","entire_prefix":"21","prefix_anchor":"21","level":2,"prior_prefix":"2","next_prefix":"22"},"4":{"id":263920,"text":"Acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use;","type":"section","prefixes":["2","2"],"prefix":"2","entire_prefix":"22","prefix_anchor":"22","level":2,"prior_prefix":"21","next_prefix":"23"},"5":{"id":263921,"text":"Derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or","type":"section","prefixes":["2","3"],"prefix":"3","entire_prefix":"23","prefix_anchor":"23","level":2,"prior_prefix":"22","next_prefix":"24"},"6":{"id":263922,"text":"Acquired by accident or mistake.\n\t\t\t\t“Person” means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity.\n\t\t\t\t“Trade secret” means information, including but not limited to, a formula, pattern, compilation, program, device, method, technique, or process, that:","type":"section","prefixes":["2","4"],"prefix":"4","entire_prefix":"24","prefix_anchor":"24","level":2,"prior_prefix":"23","next_prefix":"1"},"7":{"id":263923,"text":"Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use, and","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"24","next_prefix":"2"},"8":{"id":263924,"text":"Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1"}},"ancestry":[{"id":15368,"edition_id":1,"name":"Uniform Trade Secrets Act","identifier":"26","label":"chapter","depth":2,"order_by":1,"parent_id":12809,"metadata":{},"date_created":"2026-06-26 03:54:20","date_modified":"2026-06-26 03:54:20","permalink":{"id":260915,"object_type":"structure","relational_id":15368,"identifier":"26","token":"59.1\/26","url":"\/59.1\/26\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12809,"edition_id":1,"name":"Trade and Commerce","identifier":"59.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":259521,"object_type":"structure","relational_id":12809,"identifier":"59.1","token":"59.1","url":"\/59.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":73338,"structure_id":15368,"section_number":"59.1-336","catch_line":"Short title and definitions","url":"\/59.1-336\/","token":"59.1\/26\/59.1-336","metadata":false},{"id":68336,"structure_id":15368,"section_number":"59.1-337","catch_line":"Injunctive relief","url":"\/59.1-337\/","token":"59.1\/26\/59.1-337","metadata":false},{"id":58508,"structure_id":15368,"section_number":"59.1-338","catch_line":"Damages","url":"\/59.1-338\/","token":"59.1\/26\/59.1-338","metadata":false},{"id":66491,"structure_id":15368,"section_number":"59.1-338.1","catch_line":"Attorneys' fees","url":"\/59.1-338.1\/","token":"59.1\/26\/59.1-338.1","metadata":false},{"id":77885,"structure_id":15368,"section_number":"59.1-339","catch_line":"Preservation of secrecy","url":"\/59.1-339\/","token":"59.1\/26\/59.1-339","metadata":false},{"id":64200,"structure_id":15368,"section_number":"59.1-340","catch_line":"Statute of limitations","url":"\/59.1-340\/","token":"59.1\/26\/59.1-340","metadata":false},{"id":79359,"structure_id":15368,"section_number":"59.1-341","catch_line":"Effect on other law","url":"\/59.1-341\/","token":"59.1\/26\/59.1-341","metadata":false},{"id":69185,"structure_id":15368,"section_number":"59.1-342","catch_line":"Repealed","url":"\/59.1-342\/","token":"59.1\/26\/59.1-342","metadata":false},{"id":68097,"structure_id":15368,"section_number":"59.1-343","catch_line":"Time of taking effect","url":"\/59.1-343\/","token":"59.1\/26\/59.1-343","metadata":false}],"next_section":{"id":68336,"structure_id":15368,"section_number":"59.1-337","catch_line":"Injunctive relief","url":"\/59.1-337\/","token":"59.1\/26\/59.1-337","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/59.1-336\/","history_text":"

This law was first created in 1986. The record of its establishment is cataloged in chapter 210 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1986 \u201cActs\u201d aren\u2019t available online. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2009, chapters 321<\/a> and 376<\/a>.<\/p>","references":[{"id":62411,"section_number":"2.2-3701","catch_line":"Definitions","order_by":null,"url":"\/2.2-3701\/"},{"id":79544,"section_number":"2.2-3705.7","catch_line":"Exclusions to application of chapter; records of specific public bodies and certain other limited exclusions","order_by":null,"url":"\/2.2-3705.7\/"},{"id":59221,"section_number":"2.2-5506","catch_line":"Confidential business information; Department to establish procedures","order_by":null,"url":"\/2.2-5506\/"},{"id":55286,"section_number":"33.2-1820","catch_line":"Posting of conceptual proposals; public comment; public access to procurement records","order_by":null,"url":"\/33.2-1820\/"},{"id":67605,"section_number":"38.2-1907","catch_line":"Filings open to inspection","order_by":null,"url":"\/38.2-1907\/"},{"id":64853,"section_number":"40.1-28.7:8","catch_line":"Covenants not to compete prohibited; exceptions; civil penalty","order_by":null,"url":"\/40.1-28.7_8\/"},{"id":80943,"section_number":"56-575.17","catch_line":"Posting of conceptual proposals; public comment; public access to procurement records","order_by":null,"url":"\/56-575.17\/"},{"id":82977,"section_number":"59.1-200","catch_line":"Prohibited practices","order_by":null,"url":"\/59.1-200\/"}],"refers_to":false,"permalink":{"id":260917,"object_type":"law","relational_id":73338,"identifier":"59.1-336","token":"59.1\/26\/59.1-336","url":"\/59.1-336\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/59.1-336\/","token":"59.1\/26\/59.1-336","dublin_core":{"Title":"Short title and definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 59.1-336","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

As used in this chapter, which may be cited as the Uniform Trade Secrets<\/span> Act, unless the context requires otherwise:\n\t\t“Improper means<\/span>” includes theft, bribery, misrepresentation, use of a computer or computer network without authority, breach of a duty or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means.\n\t\t“Misappropriation” means:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Acquisition of a trade secret<\/span> of another by a person<\/span> who knows or has reason to know that the trade secret<\/span> was acquired by improper means<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Disclosure or use of a trade secret<\/span> of another without express or implied consent by a person<\/span> who\n\t\t\ta. Used improper means<\/span> to acquire knowledge of the trade secret<\/span>; or\n\t\t\tb. At the time of disclosure or use, knew or had reason to know that his knowledge of the trade secret<\/span> was <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Derived from or through a person<\/span> who had utilized improper means<\/span> to acquire it; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Derived from or through a person<\/span> who owed a duty to the person<\/span> seeking relief to maintain its secrecy or limit its use; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Acquired by accident or mistake.\n\t\t\t\t“Person<\/span>” means a natural person<\/span>, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity.\n\t\t\t\t“Trade secret<\/span>” means information, including but not limited to, a formula, pattern, compilation, program, device, method, technique, or process, that: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons<\/span> who can obtain economic value from its disclosure or use, and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSHORT TITLE AND DEFINITIONS (\u00a7 59.1-336)\n\nAs used in this chapter, which may be cited as the Uniform Trade Secrets Act,\nunless the context requires otherwise:\n\t\t“Improper means” includes theft, bribery, misrepresentation, use\nof a computer or computer network without authority, breach of a duty or\ninducement of a breach of a duty to maintain secrecy, or espionage through\nelectronic or other means.\n\t\t“Misappropriation” means:\n\n1. Acquisition of a trade secret of another by a person who knows or has reason\nto know that the trade secret was acquired by improper means; or\n\n2. Disclosure or use of a trade secret of another without express or implied\nconsent by a person who\n\t\t\ta. Used improper means to acquire knowledge of the trade secret; or\n\t\t\tb. At the time of disclosure or use, knew or had reason to know that his\nknowledge of the trade secret was\n\n 1. Derived from or through a person who had utilized improper means to acquire\n it;\n\n 2. Acquired under circumstances giving rise to a duty to maintain its secrecy\n or limit its use;\n\n 3. Derived from or through a person who owed a duty to the person seeking\n relief to maintain its secrecy or limit its use; or\n\n 4. Acquired by accident or mistake.\n \t\t\t\t“Person” means a natural person, corporation, business trust,\n estate, trust, partnership, association, joint venture, government,\n governmental subdivision or agency, or any other legal or commercial entity.\n \t\t\t\t“Trade secret” means information, including but not limited\n to, a formula, pattern, compilation, program, device, method, technique, or\n process, that:\n\n1. Derives independent economic value, actual or potential, from not being\ngenerally known to, and not being readily ascertainable by proper means by,\nother persons who can obtain economic value from its disclosure or use, and\n\n2. Is the subject of efforts that are reasonable under the circumstances to\nmaintain its secrecy.\n\nHISTORY: 1986, c. 210; 2009, cc. 321, 376.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}