Federal · Title 18 — Crimes and Criminal Procedure

18 U.S.C. § 1833: Exceptions to prohibitions

Civil

What this law says, in plain English

This statute establishes exceptions to trade secret protections, permitting confidential disclosure to government officials or attorneys for reporting suspected legal violations, and requiring employers to notify employees of these immunity protections.

Read the full statutory text
any otherwise lawful activity conducted by a governmental entity of the United States, a State, or a political subdivision of a State; or the disclosure of a trade secret in accordance with subsection (b). in confidence to a Federal, State, or local government official, either directly or indirectly, or to an attorney; and solely for the purpose of reporting or investigating a suspected violation of law; or is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal. files any document containing the trade secret under seal; and does not disclose the trade secret, except pursuant to court order. An employer shall provide notice of the immunity set forth in this subsection in any contract or agreement with an employee that governs the use of a trade secret or other confidential information. An employer shall be considered to be in compliance with the notice requirement in subparagraph (A) if the employer provides a cross-reference to a policy document provided to the employee that sets forth the employer’s reporting policy for a suspected violation of law. If an employer does not comply with the notice requirement in subparagraph (A), the employer may not be awarded exemplary damages or attorney fees under subparagraph (C) or (D) of section 1836(b)(3) in an action against an employee to whom notice was not provided. This paragraph shall apply to contracts and agreements that are entered into or updated after the date of enactment of this subsection. For purposes of this subsection, the term “employee” includes any individual performing work as a contractor or consultant for an employer. Except as expressly provided for under this subsection, nothing in this subsection shall be construed to authorize, or limit liability for, an act that is otherwise prohibited by law, such as the unlawful access of material by unauthorized means.

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This page is legal information, not legal advice. Code text is sourced from official publications and may lag amendments — always confirm at the official source linked above. Plain-English summaries and relationship data are AI-derived and reviewed on an ongoing basis; verify with a licensed attorney before acting.