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California Trade Secrets: What you need to know

Governing Law and Regulations

California Public Records Act, California Government Code (CGC) 6250 to 6259

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Trade secret privilege: California Evidence Code 1060

Definition: California Health & Safety Code (CH & SC) 25358.2 and Public Resources Code 40062

Public records request: 14 California Code of Regulations (CCR) 17043 to 17046

Exceptions: CGC 6250

County health emergencies: CH & SC 101090

Air emissions: CH & SC 25538, CGC 6254.7, and CGC 6254.11

Hazardous waste management:

Annual and biennial reports: 22 CCR 66260.2

Hazardous waste disposal: CH & SC 25173

U.S. Environmental Protection Agency (EPA) authority: CH & SC 25159.8

Hazardous substances: California Labor Code 6396

Underground substance storage: CH & SC 25286 to 25290

Superfund: CH & SC 25358.2

Hazardous materials management: CH & SC 25511 and CH & SC 25538

Regulatory Agencies

California Environmental Protection Agency (Cal/EPA)

California Occupational Safety and Health Organization (Cal/OSHA)

State Water Resources Control Board (Board)

See ADDRESSES & CONTACTS for addresses and telephone numbers.

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. California allows certain information provided to state agencies as a condition of a permit or regulation to be considered confidential and protected from disclosure. Contact the specific state agency to which a submission is made to determine their current procedure for maintaining confidentiality.

Follow the federal procedures that require persons to make trade secrecy claims in writing at the time the information is first sent to federal agencies.

Note: Most monitoring data and information needed by emergency workers (e.g., ...


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State Requirements

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California Trade Secrets Resources

Trade Secrets Products

Trade Secrets Webinar Recording
BLR Webinar: "Trade Secrets: How to Keep Departing Workers from Running Off with Your Valuable Data""
Noncompete Agreements Webinar Recording
BLR Webinar: "Noncompete Agreements: How to Protect Your Company Without Courting a Costly Lawsuit""
Social Media Webinar Recording
BLR Webinar: "Social Media: How to Effectively – and Legally - Monitor Your Employees’ Online Activities ""
Plugged-In Employees Webinar Recording
BLR Webinar: "Plugged-In Employees: How To Effectively – and Legally – Monitor Their Tweets, Facebook Posts, Texts, Emails, Blogs, and More""
Social Media on the Job Webinar Recording
BLR Webinar: "Social Media on the Job: Bulletproof Policies That Reduce Your Legal and Financial Risks""
Free Special Reports
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This special report contains a recordkeeping checklist to help you keep track of your records for major environmental laws and OSHA’s Hazard Communication Standard.

Also included are 3 useful tables which provide:
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  • A list of federal safety recordkeeping requirements.
  • A list of federal recordkeeping requirements for DOT and the Department of Homeland Security as they apply to hazardous material transporters and chemical facilities.
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