Which of the following is a primary element of insider trading?

Insider trading fundamentally revolves around the concept of trading based on material, nonpublic information. This means that the information used to inform trading decisions is not available to the general public and can provide an unfair advantage to the insider who possesses this information. Nonpublic information includes any information that has not been disclosed to the public, which, if made available, could influence an investor's decision regarding the purchase or sale of securities.

The focus on nonpublic information is essential because it distinguishes legitimate trading activities from deceptive practices. When an insider uses information that is not accessible to other investors, it undermines the integrity of the market by creating an uneven playing field. Therefore, highlighting nonpublic information as a primary element of insider trading captures the core issue at the heart of these regulations aimed at fostering transparency and fairness in financial markets.