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
Posts Tagged ‘All Clause’
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
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
Schleswig Higher Regional Court: Updates on reasonable confidentiality measures
A ruling by the Schleswig Higher Regional Court dated April 28, 2022 (Case No. 6 U 39/21) contains some interesting and highly practical insights into the concept of trade secrets (…) Read more
Caution: A Broad Non-Disclosure Clause in an Employment Contract complicates the enforcement of claims under the German Act on the Protection of Trade Secrets (GeschGehG)
Employment contracts or termination agreements typically include a clause protecting trade secrets. However, if the provisions are too broad, the prohibition is invalid due to a violation of Section 138 (…) Read more