Alabama § 8-27-3 Misappropriation

Alabama Statutes

§ 8-27-3 — Misappropriation

Alabama § 8-27-3

Title 8Commercial Law and Consumer Protection

Ch. 27Alabama Trade Secrets Act

This text of Alabama § 8-27-3 (Misappropriation) is published on Counsel Stack Legal Research, covering Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ala. Code § 8-27-3 (2026).

Text

A person who discloses or uses the trade secret of another, without a privilege to do so, is liable to the other for misappropriation of the trade secret if:

(1)That person discovered the trade secret by improper means;

(2)That person’s disclosure or use constitutes a breach of confidence reposed in that person by the other;

(3)That person learned the trade secret from a third person, and knew or should have known that (i) the information was a trade secret and (ii) that the trade secret had been appropriated under circumstances which violate the provisions of (1) or (2), above; or

(4)That person learned the information and knew or should have known that it was a trade secret and that its disclosure was made to that person by mistake.

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A person who discloses or uses the trade secret of another, without a privilege to do so, is liable to the other for misappropriation of the trade secret if:
(1) That person discovered the trade secret by improper means;
(2) That person’s disclosure or use constitutes a breach of confidence reposed in that person by the other;
(3) That person learned the trade secret from a third person, and knew or should have known that (i) the information was a trade secret and (ii) that the trade secret had been appropriated under circumstances which violate the provisions of (1) or (2), above; or
(4) That person learned the information and knew or should have known that it was a trade secret and that its disclosure was made to that person by mistake.