A real-life case that raises unexpected questions: Does the passive acquisition of a USB flash drive containing trade secrets infringe the German Act on the Protection of Trade Secrets (GeschGehG)? (…) Read more
NDAs and contractual penalties: Mandatory consideration of Section 5 of the German Act on the Protection of Trade Secrets (GeschGehG) (?)
Non-disclosure agreements (NDAs) typically contain liquidated damages clauses to ensure compliance with confidentiality obligations. A recent decision by the Cologne Regional Labor Court (LAG) dated January 29, 2026 (Case No.: (…) Read more
Berlin Regional Court II: No injunctive relief against public statements despite a confidentiality agreement
Whether a company can base claims for injunctive relief against public statements on a contractual confidentiality agreement was the subject of proceedings before the Berlin Regional Court II. In this (…) Read more
Frankfurt Regional Court: Perpetual jurisdiction of Labor Courts for action against former employees (?)
Numerous proceedings under the German Act on the Protection of Trade Secrets (GeschGehG) relate to an employment relationship. This has significant implications for legal advice and litigation, as such cases (…) Read more
Nuremberg Higher Regional Court: Requirements for the publication of judgments pursuant to Sec. 21 of the German Trade Secret Act (GeschGehG)
In its recently published decision, the Nuremberg Higher Regional Court addressed the requirements for the publication of a judgment pursuant to Section 21 GeschGehG, thereby issuing (as far as can (…) Read more
Burden of Proof and presentation of evidence in proceedings under the German Trade Secret Act – GeschGehG (Part 2)
Burden of Proof for the Existence of an Act of Infringement The trade secret owner bears not only the burden of proof for the existence of a trade secret (see (…) Read more
Burden of Proof and presentation of evidence in proceedings under the German Trade Secret Act – GeschGehG (Part 1)
Enforcing trade secrets in litigation poses particular challenges for the plaintiff or the party filing the motion. Central to this are the issues of the burden of proof and the (…) Read more
Baden-Württemberg Regional Labor Court: Protection of Trade Secrets Despite an Invalid Clause in the Employment Contract
Claims arising from the breach of trade secrets may only be asserted by a party that protects its secrets from access by third parties through appropriate measures. These measures also (…) Read more
Second Edition Published: Handbook on Trade Secret Protection
The “Handbook on Trade Secret Protection,” to which several authors from the Geheimnisblog contributed, has been published in its second edition by Carl Heymanns Verlag! The editors of this practical (…) Read more
The New Section 273a of the German Code of Civil Procedure (ZPO) in force: Enhanced protection of Trade Secrets in Civil Proceedings
On April 1, 2025, Section 273a of the German Code of Civil Procedure (ZPO) took effect, thereby resolving – to a certain extent – the dilemma faced by parties to (…) Read more