Alaska
Alaska Trade Secret Laws: UTSA, Remedies & Deadlines
Alaska's trade secret statute, the Alaska Uniform Trade Secrets Act, is codified at Alaska Stat. §§ 45.50.910 to 45.50.945 (enacted 1988) and closely follows the Uniform Trade Secrets Act framework. The civil limitations period is three years from discovery of the misappropriation.
This guide is part of our Trade Secret Laws by State series.
Information last verified on 2026-06-25. This article presents general legal information, not legal advice. This guide covers civil trade-secret protection in Alaska under Alaska Stat. §§ 45.50.910 to 45.50.945 and the federal DTSA; for other jurisdictions see the full Trade Secret Laws by State index.
Does Alaska have a trade secret law?
Yes. Alaska enacted the Alaska Uniform Trade Secrets Act in 1988, codified at Alaska Stat. §§ 45.50.910 to 45.50.945 (Alaska State Legislature, akleg.gov). The statute is modeled on the Uniform Trade Secrets Act published by the Uniform Law Commission and provides a civil cause of action for misappropriation of qualifying confidential business information. Alaska's law displaces conflicting civil claims based on the same misappropriation conduct (Alaska Stat. § 45.50.940), while preserving contract remedies, criminal liability, and civil claims not grounded in misappropriation. The federal Defend Trade Secrets Act (DTSA), 18 U.S.C. §§ 1836-1839 (2016), also applies when an Alaska trade secret relates to a product or service used in or intended for use in interstate or foreign commerce. Federal law does not preempt Alaska's statute (18 U.S.C. § 1838), so state and federal claims may proceed in the same action.
What counts as a trade secret and misappropriation in Alaska?
Under Alaska Stat. § 45.50.910, a trade secret is information, including a formula, pattern, compilation, program, device, method, technique, or process, that:
- Derives independent economic value, actual or potential, from not being generally known to and not being readily ascertainable by proper means by other persons who can obtain economic value from its disclosure or use; and
- Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.
Both prongs must be satisfied. Courts look for concrete protective measures such as non-disclosure agreements, access restrictions, confidentiality policies, and security controls. Information shared freely without restrictions, or that appears in publicly available sources, typically cannot qualify.
Misappropriation under Alaska Stat. § 45.50.910 means either: (a) acquisition of a trade secret by a person who knows or has reason to know it was acquired by improper means; or (b) disclosure or use of a trade secret without consent by a person who acquired it through improper means, who breached a duty of confidentiality, or who derived it from someone who did so.
Reverse engineering and independent development are proper means of acquisition and are lawful under Alaska law. A competitor who independently arrives at the same formula or process, without using the plaintiff's protected information, has not committed misappropriation under the Alaska Uniform Trade Secrets Act.
Remedies and the limitations period in Alaska
Limitations period: Alaska Stat. § 45.50.935 sets a three-year limitations period from the date the misappropriation was discovered, or by the exercise of reasonable diligence should have been discovered. Continuing misappropriation constitutes a single claim, with the period beginning at the time of the first act the owner knew or should have known about. Alaska's three-year window matches the UTSA model and the federal DTSA period.
Injunctive relief: Courts may issue injunctions to prevent actual or threatened misappropriation under the Alaska Uniform Trade Secrets Act. Where an injunction would be unreasonable because of an overriding public interest or disproportionate hardship, a court may instead impose a reasonable royalty obligation for a specified period of continued use.
Damages: The Act permits recovery of actual loss caused by the misappropriation plus unjust enrichment not already captured in the actual-loss calculation. If neither measure is provable, a court may award a reasonable royalty for the unauthorized use.
Exemplary damages: For willful and malicious misappropriation, Alaska courts may award exemplary damages in an amount not exceeding twice the compensatory damages.
Attorney fees: Attorney fees may be awarded if a claim or defense is asserted in bad faith, or if willful and malicious misappropriation is established.
How the federal DTSA applies in Alaska
The DTSA (18 U.S.C. §§ 1836-1839) took effect May 11, 2016, and provides a federal civil remedy when an Alaska trade secret relates to a product or service used in or intended for use in interstate or foreign commerce. Given Alaska's active fisheries, oil and gas, mining, and technology sectors, most commercial trade secret disputes in the state will support a concurrent DTSA claim alongside the state cause of action.
Key DTSA features relevant to Alaska businesses:
- Aligned limitations period: The DTSA's three-year window from discovery (18 U.S.C. § 1836(d)) matches Alaska's state period under Alaska Stat. § 45.50.935, so a timely state claim is also timely under federal law.
- Ex parte seizure: The DTSA authorizes courts to order the seizure of property to prevent propagation of the secret without prior notice to the defendant in extraordinary circumstances (18 U.S.C. § 1836(b)(2)). Alaska's statute does not include an equivalent provision.
- Comparable remedies: DTSA remedies (injunction, damages, exemplary up to 2x, attorney fees for willful and malicious) parallel Alaska's state remedies and are applied under federal standards.
- Whistleblower immunity and notice: Under 18 U.S.C. § 1833(b), an individual may disclose a trade secret in confidence to a government official or attorney for the purpose of reporting a suspected legal violation without civil or criminal liability. Employers must include written notice of this immunity in any agreement governing the use of a trade secret, including NDAs and employment agreements, signed or updated after May 11, 2016. Omitting this notice forfeits the right to seek exemplary damages and attorney fees under the DTSA against the person covered by that agreement.
Alaska businesses in extractive industries, technology, and fisheries-related operations should review post-2016 confidentiality agreements to confirm DTSA-compliant whistleblower language appears in each document.
This is general legal information, not legal advice. It describes Alaska trade-secret law under Alaska Stat. §§ 45.50.910 to 45.50.945 and the federal DTSA as of 2026-06-25 and does not address your specific facts. Trade-secret disputes are highly fact-specific and deadlines are strict. Consult an attorney licensed in Alaska before acting.
Related articles
- Trade Secret Laws by State
- Alabama Trade Secret Laws
- Arizona Trade Secret Laws
- Is AI-generated code copyright infringement?
Last updated: 2026-06-25.
Frequently Asked Questions
How long do I have to file a trade secret claim in Alaska?
Alaska Stat. § 45.50.935 gives trade secret owners three years from the date the misappropriation was discovered, or by the exercise of reasonable diligence should have been discovered. Continuing misappropriation is treated as a single claim running from the first act the owner knew or should have known about, so prompt investigation is critical. The federal DTSA also provides a three-year window from discovery (18 U.S.C. § 1836(d)), consistent with Alaska's state deadline.
What types of information qualify as trade secrets in Alaska?
Under Alaska Stat. § 45.50.910, any formula, pattern, compilation, program, device, method, technique, or process can qualify as a trade secret if it derives independent economic value from not being generally known or readily ascertainable by proper means and the owner takes reasonable steps to protect it. Customer lists, proprietary fishing-quota data, oil-field processes, software code, pricing strategies, and business plans are all potential candidates, subject to the two-part test.
Can an Alaska employer sue a former employee for using trade secrets at a competitor?
Yes. If a former employee discloses or uses protectable Alaska trade secrets in breach of a confidentiality agreement or other duty of secrecy, the employer may bring a claim under Alaska Stat. §§ 45.50.910 to 45.50.945. General skills, industry experience, and knowledge acquired during employment are not trade secrets and cannot be restricted. The line between protected information and general employee know-how is frequently contested and fact-specific.
Is reverse engineering lawful under Alaska trade secret law?
Yes. Alaska Stat. § 45.50.910 treats reverse engineering and independent development as proper means of acquiring information, so they do not constitute misappropriation. A competitor who analyzes a lawfully obtained product to learn how it works has not violated the Alaska Uniform Trade Secrets Act. Protection applies only against acquisition or use through improper means such as theft, bribery, espionage, or breach of a duty of confidentiality.
Does Alaska's trade secret law preempt other civil claims?
Yes, in part. Alaska Stat. § 45.50.940 displaces conflicting civil claims based on the same conduct that constitutes trade secret misappropriation under state law. Common-law unfair competition or unjust enrichment claims premised on misappropriation are subsumed by the statutory cause of action. The preemption clause does not affect contract remedies, criminal liability, or civil claims not grounded in trade secret misappropriation.
Sources and References
- Alaska Uniform Trade Secrets Act, Alaska Stat. §§ 45.50.910 to 45.50.945(akleg.gov).gov
- Defend Trade Secrets Act, 18 U.S.C. §§ 1836-1839(law.cornell.edu)
- Uniform Trade Secrets Act (Uniform Law Commission)(uniformlaws.org)
- Economic Espionage Act, 18 U.S.C. §§ 1831-1832(law.cornell.edu)