Tennessee Trade Secrets: What you need to know

Governing Law and Regulations

Air pollution control: Tennessee Code Annotated (TCA) 68-201-105(b)(2)

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Waste management: TCA 68-212-109

Proprietary information: Rules and Regulations of the State of Tennessee (Rule) 0400-12-01-.01

Underground storage tank (UST) records: TCA 68-215-108

Water pollution control: TCA 69-3-113(a)(3)

Hydraulic fracturing: Rule 0400-53-01-.03

Regulatory Agency

Tennessee Department of Environment and Conservation (TDEC)

See ADDRESSES & CONTACTS for addresses and telephone numbers.

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. Tennessee follows federal law protecting trade secrets, with additional regulations governing air and water pollution control, underground storage tank (UST) records, proprietary information, and hydraulic fracturing. See the national section TRADE SECRETS, the state section AUDITS, and contact the Tennessee Department of Environment and Conservation (TDEC) for guidance.

Administration and enforcement. The various divisions of the TDEC are responsible for the administration and enforcement of the state's trade secret protection policies.

State Requirements


TCA 68-201-105(b)(2)

All persons are required to provide the TDEC certain information so that it may discharge its duties under state law. However, a person is not required to disclose any secret formula, process, or method used in any manufacturing operation.

The composition of air contaminants is not considered secret unless decided by the TDEC. The TDEC also has the power to issue protection orders to prevent distribution of the information to the public.


TCA 68-212-109

Any information supplied to the TDEC defined as proprietary ...

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State Requirements

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Tennessee Trade Secrets Resources

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