Act 2 Trade Secrets Protection Act 2009 (a) be a secret in the sense that it is not, as a body or in the precise configuration and assembly of its components, generally known among or readily accessible to persons within the circles that normally deal with the kind of information in question; (b) have commercial value because it is secret; and (c) have been subject to reasonable steps under the circumstances, by a person lawfully in control of the information, to keep it secret. (2) For the avoidance of doubt, a trade secret shall be taken to be protected so long as the conditions prescribed in subsection (1) are complied with in relation to it. 5. Right of action. (1) Disclosure, acquisition or use of a trade secret by improper means constitutes an infringement and, subject to this Act, a person entitled to the benefit of the trade secret may bring proceedings in respect of the infringement. (2) For the purposes of this section, a trade secret is not disclosed, acquired or used by improper means if it is arrived at by independent development or reverse engineering alone. (3) Disclosure, acquisition and use of undisclosed information are only contrary to this Act when they are accomplished in a manner contrary to honest commercial practice. (4) For the purposes of this section"improper means" includes commercial espionage by electronic or other means; "reverse engineering" means the process of discovering the technological principles of a device, object or system through analysis of its structure, function and operation as long as it is obtained lawfully. 5