WUTSA occupies nine sections. Its operative provisions are compact enough to summarize precisely.
Definitions — RCW 19.108.010. The statute defines four terms.
Trade secret means information — "including a formula, pattern, compilation, program, device, method, technique, or process" — that (a) 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 (b) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. RCW 19.108.010(4).
Improper means "includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means." RCW 19.108.010(1). The list is illustrative, not exhaustive.
Misappropriation has two branches. RCW 19.108.010(2)(a) reaches acquisition of a trade secret by a person who knows or has reason to know it was acquired by improper means. RCW 19.108.010(2)(b) penalizes disclosure or use without consent by a person who (i) used improper means to acquire knowledge of it; (ii) at the time of disclosure or use knew or had reason to know that the knowledge was derived from a person who used improper means, was acquired under circumstances giving rise to a duty to maintain secrecy or limit use, or was derived from a person owing such a duty; or (iii) knew or had reason to know it was a trade secret acquired by accident or mistake.
Injunctive relief — RCW 19.108.020. Actual or threatened misappropriation may be enjoined. An injunction must be terminated on application when the trade secret has ceased to exist, "but the injunction may be continued for an additional reasonable period of time in order to eliminate commercial advantage that otherwise would be derived from the misappropriation" — the statutory basis for so-called head-start injunctions. Where prohibiting future use would be unreasonable, the court may condition future use on payment of a reasonable royalty for no longer than the period use could have been prohibited. In appropriate circumstances, affirmative acts to protect a trade secret may be compelled.
Damages — RCW 19.108.030. In addition to or in lieu of injunctive relief, a complainant may recover actual loss, and may also recover unjust enrichment not accounted for in the actual-loss computation. If wilful and malicious misappropriation exists, the court may award exemplary damages up to twice the compensatory award.
Attorney's fees — RCW 19.108.040. Fees may be awarded to the prevailing party in three circumstances: a claim of misappropriation made in bad faith; a motion to terminate an injunction made or resisted in bad faith; or wilful and malicious misappropriation.
Protective orders — RCW 19.108.050. The court "shall preserve the secrecy of an alleged trade secret by reasonable means," which may include protective orders in discovery, in camera hearings, sealing the record, and ordering participants not to disclose an alleged trade secret without prior court approval. This is a mandatory obligation on the court, though the means are discretionary.
Limitations — RCW 19.108.060. Three years from discovery or from when the misappropriation should have been discovered by reasonable diligence. A continuing misappropriation constitutes a single claim.
Displacement — RCW 19.108.900. The chapter displaces conflicting tort, restitutionary, and other state law pertaining to civil liability for misappropriation of a trade secret, but does not affect (a) contractual or other civil liability not based upon misappropriation of a trade secret, or (b) criminal liability for misappropriation.