Software trade secrets

Software trade secrets are confidential, commercially valuable information about software, such as source code, algorithms, system architecture and development methods, that a business keeps secret and that is not generally known. Unlike copyright or patents, protection lasts only as long as the information remains confidential and reasonable steps are taken to keep it that way.

How BC law treats it

BC has no trade secrets statute. Protection comes from the equitable action for breach of confidence (Lac Minerals Ltd v International Corona Resources Ltd, [1989] 2 SCR 574), confidentiality and employment agreements, and fiduciary duties, and the Criminal Code, RSC 1985, c C-46, s. 391 creates a trade secret offence.

What it means for your business

Use confidentiality agreements, access controls and clear employee and contractor terms to show that your code was treated as secret.

Risks and common mistakes

If you cannot show that you took reasonable steps to keep the code confidential, a court may refuse protection once it is disclosed.

For the full explanation, see our entry on Trade secrets.

General information about British Columbia and Canadian law, current to October 2026. It is not legal advice.