Act 2

Trade Secrets Protection Act
2009
long as it is obtained lawfully.
6. Disclosure contrary to honest commercial practice.
Acts contrary to honest commercial practice include but are not limited to
the following—
(a) discovery of another person’s undisclosed information by
physical force or unauthorized entry into a place of business or
a particular part of a place of business of the person who
possesses that undisclosed information, either directly or
through a third party;
(b) discovery of another person’s undisclosed information
through fraudulent misrepresentation to induce disclosure or
through an act of deceit, either directly or through a third party;
(c) discovery of another person’s undisclosed information by
eavesdropping, electronic listening, unauthorized access to the
person’s private correspondence or files or any other improper
means;
(d) disclosure or use of another person’s undisclosed information
in breach of contract or in breach of confidence;
(e) disclosure or use of another person’s information where, by
virtue of the place or manner in which that information is
obtained, circumstances reasonably suggest that the information
is subject to an expectation of privacy;
(f) disclosure or use of another person’s undisclosed information
obtained unlawfully;
(g) disclosure or use of another person’s undisclosed information
by a person to whom it is disclosed without being informed that
the information is subject to an obligation of confidentiality,
after being informed that that information

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