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Washington Trade Secret Laws: UTSA, Remedies & Deadlines

Independently fact-checked against primary sources (last audited August 17, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 17, 2026. · 2 primary sources cited on this page. How we verify our legal content

Washington Trade Secret Laws: UTSA, Remedies & Deadlines

Frequently Asked Questions

What qualifies as a trade secret under Washington law?

Under RCW 19.108.010(4), information qualifies as a trade secret if it has independent economic value from not being generally known or readily ascertainable and is protected by reasonable secrecy measures. Common examples include proprietary software, customer lists, manufacturing processes, and business strategies.

How long do I have to file a trade secret claim in Washington?

Three years from the date the misappropriation was discovered or, with reasonable diligence, should have been discovered, under RCW 19.108.060. Washington courts apply the discovery rule, so a party with reason to suspect misappropriation should investigate promptly to avoid losing the claim.

What remedies are available under the Washington Uniform Trade Secrets Act?

Courts may award injunctive relief, actual damages plus unjust enrichment, exemplary damages up to twice the award for willful and malicious misappropriation, and reasonable attorney fees to the prevailing party for a bad-faith misappropriation claim, a motion to terminate an injunction made or resisted in bad faith, or willful and malicious misappropriation (RCW 19.108.020 to 19.108.040).

What steps help protect a trade secret in Washington?

Washington courts consider the totality of secrecy measures taken. Practical steps include using written nondisclosure agreements with employees, contractors, and business partners; restricting access to sensitive information on a need-to-know basis; implementing digital access controls; and consistently marking confidential materials. Maintaining these measures over time strengthens a trade-secret claim.

How does Washington's trade-secret law compare to the federal DTSA?

Both carry a three-year limitations period from discovery and offer similar remedy structures, including exemplary damages and attorney fees. The DTSA adds an ex parte seizure remedy and whistleblower-immunity notice requirements not found in the WUTSA. Washington plaintiffs typically plead both: the DTSA for the federal forum and its unique remedies, and the WUTSA to draw on Washington's established case law from more than four decades under the WUTSA.

Updates

Corrected adoption history, the statutory citation range, and state remedy descriptions.

Independently fact-checked against the cited primary sources; governing law re-checked for recent changes

Governing law re-checked for recent changes

Governing law re-checked for recent changes

Reviewed and approved by an editor

Sources and References

  1. Washington Uniform Trade Secrets Act, Wash. Rev. Code §§ 19.108.010 to 19.108.940(app.leg.wa.gov).gov
  2. Defend Trade Secrets Act, 18 U.S.C. §§ 1836-1839(law.cornell.edu)
  3. Uniform Trade Secrets Act (Uniform Law Commission)(uniformlaws.org)
  4. Economic Espionage Act, 18 U.S.C. §§ 1831-1832(law.cornell.edu)
  5. Washington Uniform Trade Secrets Act(app.leg.wa.gov).gov
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