Short answer: It can if you're careless. Trade secret protection depends on the owner taking 'reasonable measures to keep such information secret.' License to a buyer bound by confidentiality, exclude your crown-jewel know-how, and get counsel's view before including pricing, formulas, source code or strategy.
The legal test
Information is a trade secret if 'the owner thereof has taken reasonable measures to keep such information secret' and it derives value from not being generally known (18 U.S.C. § 1839).
What buyers promise
Mode says its AI customer is bound by confidentiality and that Mode doesn't name the company publicly without consent (Mode affiliate FAQ). Models trained on your records may still reflect patterns from them.
What to exclude
- Formulas, source code, proprietary processes.
- Pricing models and strategy documents.
- Anything licensed to you by others.
This is general information, not legal advice. Talk to your own attorney or compliance advisor before you share or license any records.
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Frequently asked questions
Is an NDA enough?
It helps show reasonable measures, but excluding the most sensitive material is safer.
Do de-identification steps protect trade secrets?
No. De-identification targets personal data, not business secrets.
Sources
- 18 U.S.C. § 1839, Definitions (trade secret) (Cornell LII)law.cornell.edu
- Mode affiliate FAQ (PDF, dated Oct 14, 2026)bizbuydata.com
Referral-fee disclosure: we may be paid by a program if your company signs with it after using this site. General information only, not legal advice.
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