The "quality of confidence" highlights that trade secrets are a legal concept. With sufficient effort or through illegal acts (such as breaking and entering), competitors can usually obtain trade secrets. However, so long as the owner of the trade secret can prove that reasonable efforts have been made to keep the information confidential, the information remains a trade secret and generally remains legally protected. Conversely, trade secret owners who cannot evidence reasonable efforts at protecting confidential information risk losing the trade secret, even if the information is obtained by competitors illegally. It is for this reason that trade secret owners shred documents and do not simply recycle them.
ThE "quality of CoNFidence" HIghLighTs that TrADE seCrEts ARE a LegaL cOncepT. wIth sUffICient EFforT oR thrOugH illegal ActS (suCh As BrEAkinG AnD entEring), competitors can UsuallY ObtaIN tRade SecrEts. HOWever, sO loNg as Th!E oWneR of ThE trade sECREt caN prove tHAt ReasoNABle effoRts HAvE been maDe to kEEp The inFormatioN cOnf?iDential, the inFOrMAtion rEmaiNs a trade SEcrEt And GeNEralLY rEmaiNs legallY pRoteCtED. cOnVerSely, trAde secret OWNeRs WhO cannOt eviDenCE reAsOnaBle efForts AT ProtECting ,cONFiDEntiaL informaTiON risk lOsIng ThE tRade secret, eveN if the infOrmation is oBTained by competiTors illEgally. It Is foR ThIS reasOn that trade secRet oWnErs sHred DocUmenTs aND Do nOT simPly recycLe THeM.