Georgia
Georgia Trade Secret Laws: UTSA, Remedies & Deadlines
Georgia's trade secret protections arise from the Georgia Trade Secrets Act of 1990, O.C.G.A. §§ 10-1-760 to 10-1-767. Georgia departs from the Uniform Trade Secrets Act baseline in one significant respect: under O.C.G.A. § 10-1-766, a civil misappropriation claim must be brought within five years from discovery, not the three-year period adopted by most UTSA states.
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. For information on how the Trade Secret Laws by State framework applies in Georgia, consult a licensed Georgia attorney.
Does Georgia Have a Trade Secret Law?
Georgia enacted the Georgia Trade Secrets Act of 1990, codified at O.C.G.A. §§ 10-1-760 to 10-1-767, effective upon passage in 1990. The Act is substantially based on the Uniform Trade Secrets Act (UTSA) developed by the Uniform Law Commission and replaced the prior common-law framework for misappropriation disputes in Georgia. Georgia courts routinely consult the UTSA commentary and decisions from other UTSA-adopting states when construing the Georgia Act. The Act covers definitions, injunctive relief, damages, attorney fees, preservation of other remedies, effect on conflicting law, uniformity of application, and the limitations period. Georgia also benefits from the federal Defend Trade Secrets Act of 2016, which operates alongside state law rather than displacing it.
What Counts as a Trade Secret and Misappropriation Under Georgia Law?
Under O.C.G.A. § 10-1-761(4), a trade secret is information, without regard to form, including a formula, pattern, compilation, program, device, method, technique, drawing, process, financial data, or list of actual or potential customers or suppliers, that satisfies two requirements. First, the information must derive 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. Second, the information must be the subject of efforts that are reasonable under the circumstances to maintain its secrecy.
Georgia courts examine reasonable measures on the particular facts of each case. Locking files, imposing access restrictions, requiring employees and contractors to sign nondisclosure agreements, and marking documents as proprietary are all recognized as relevant protective steps. The owner need not adopt every conceivable security measure, but must demonstrate a consistent and deliberate approach to keeping the information secret.
Misappropriation under § 10-1-761(2) means acquiring a trade secret by improper means such as theft, bribery, misrepresentation, breach or inducement of a breach of a confidential relationship or other duty to maintain secrecy, or espionage. It also means disclosing or using a trade secret without consent when the person acquired it through improper means, or acquired it under circumstances giving rise to a duty to maintain secrecy or to limit its use, or derived knowledge of it from someone who had such a duty. Reverse engineering and independent development are expressly permitted under § 10-1-761(1) and do not constitute improper means.
Remedies and the Limitations Period Under Georgia Law
Georgia's five-year limitations period under O.C.G.A. § 10-1-766 is one of the most important distinctions from other UTSA-adopting states. The three-year period in the standard UTSA text was extended to five years in the Georgia Act, giving Georgia trade-secret owners more time to discover and pursue misappropriation before their claims are time-barred. The clock runs from the date the misappropriation was discovered or should have been discovered by the exercise of reasonable diligence. Continuing misappropriation that began before the period opens does not reset the limitations period.
Available remedies include:
- Injunctive relief (§ 10-1-762): A court may enjoin actual or threatened misappropriation. In exceptional circumstances, it may condition ongoing use on payment of a reasonable royalty instead of issuing an injunction.
- Damages (§ 10-1-763): The claimant may recover actual loss caused by misappropriation plus any unjust enrichment not already captured in the actual-loss calculation. Where neither is provable, a reasonable royalty for unauthorized use is available.
- Exemplary damages (§ 10-1-763): Up to twice the damages award when misappropriation is willful and malicious.
- Attorney fees (§ 10-1-764): Available to the prevailing party when a claim or defense is made in bad faith, or when the court finds willful and malicious misappropriation.
Under § 10-1-767, the Georgia Trade Secrets Act supersedes conflicting tort law on misappropriation of trade secrets. A party generally may not simultaneously plead a common-law conversion or unfair competition claim based on the identical factual conduct that underlies the statutory misappropriation claim. The Act does not affect other remedies such as contract claims, criminal charges, or civil liability based on separate conduct.
How the Federal DTSA Applies in Georgia
The Defend Trade Secrets Act, 18 U.S.C. §§ 1836-1839, enacted in 2016, provides Georgia businesses with a federal civil remedy that coexists with the Georgia Trade Secrets Act. Because 18 U.S.C. § 1838 expressly preserves state law, litigants in Georgia frequently plead both the Georgia Act and the DTSA in federal court when the alleged misappropriation touches interstate commerce.
Key DTSA features in Georgia cases:
- Limitations: three years from discovery (18 U.S.C. § 1836(d)). This is shorter than Georgia's five-year state period, so the DTSA clock may expire before the state period closes.
- Remedies: injunctive relief, actual damages plus unjust enrichment or a reasonable royalty, exemplary damages up to twice the award for willful and malicious misappropriation, and attorney fees (§ 1836(b)(3)).
- Ex parte seizure: federal courts may authorize seizure of property to prevent the propagation or dissemination of a trade secret in extraordinary circumstances (§ 1836(b)(2)).
- Whistleblower immunity and notice: individuals who confidentially disclose a trade secret to a government official or attorney solely to report a suspected legal violation are immune from DTSA and state trade-secret liability (§ 1833(b)(1)). Confidentiality or nondisclosure agreements signed or updated after May 11, 2016 must provide written notice of this immunity; omitting it forfeits exemplary damages and attorney fees in any DTSA action tied to that agreement (§ 1833(b)(3)).
Criminal prosecution of trade-secret theft in Georgia may also proceed under the federal Economic Espionage Act, 18 U.S.C. §§ 1831-1832.
This article presents general legal information as of 2026-06-25 and is not legal advice. Trade secret disputes are highly fact-specific; consult a licensed Georgia attorney for advice about your particular situation.
Related articles
- Trade Secret Laws by State
- Florida Trade Secret Laws
- Hawaii Trade Secret Laws
- Is AI-generated code copyright infringement?
Last updated: 2026-06-25.
Frequently Asked Questions
What qualifies as a trade secret under Georgia law?
Under O.C.G.A. § 10-1-761(4), information qualifies as a trade secret if it derives independent economic value from not being generally known or readily ascertainable by proper means, and if the owner takes efforts reasonable under the circumstances to maintain its secrecy. This includes formulas, programs, processes, financial data, and customer or supplier lists, among other forms of information.
How long do I have to file a trade secret lawsuit in Georgia?
Under O.C.G.A. § 10-1-766, you have five years from the date you discovered or reasonably should have discovered the misappropriation to bring a civil claim under the Georgia Trade Secrets Act. This is a notable departure from the three-year period adopted by most UTSA states. If you also bring a federal DTSA claim, that claim carries its own three-year federal limitations period.
What remedies are available for trade secret misappropriation in Georgia?
The Georgia Trade Secrets Act provides injunctive relief, damages equal to actual loss plus unjust enrichment or a reasonable royalty, up to twice the damages award for willful and malicious misappropriation, and attorney fees when a claim or defense is made in bad faith or involves willful and malicious conduct (O.C.G.A. §§ 10-1-762 to 10-1-764).
Do nondisclosure agreements help protect trade secrets in Georgia?
Yes. Georgia courts consider whether the trade-secret owner took reasonable measures to maintain secrecy, and a properly drafted NDA is strong evidence of those efforts. Under the federal DTSA, any NDA or confidentiality agreement signed or updated after May 11, 2016 must include notice of the whistleblower-immunity provision, or the employer forfeits exemplary damages and attorney fees in a federal DTSA action.
How does the federal DTSA interact with Georgia's Trade Secrets Act?
The DTSA does not preempt the Georgia Trade Secrets Act (18 U.S.C. § 1838), so a Georgia business may bring both claims simultaneously in federal court when the misappropriation involves interstate or foreign commerce. One key difference: the DTSA has a three-year limitations period while Georgia allows five years under state law, so the federal claim may expire first when misappropriation was not discovered promptly.
Sources and References
- Georgia Trade Secrets Act of 1990, O.C.G.A. §§ 10-1-760 to 10-1-767(legis.ga.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)