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
Posts in Category ‘Case law’
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
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
Austrian Supreme Court (öOGH): Loss of rights due to inadequate protective measures
The requirement to protect a trade secret through appropriate confidentiality measures continues to pose challenges for clients and advisors. A recent decision by the Austrian Supreme Court (öOGH) now illustrates (…) Read more
Federal Court of Justice (BGH): Memory performance in Trade Secrets Litigation – The limits of memory
A common defense argument in trade secrets litigation is the claim that the defendant did not copy or take any documents but rather retained certain information in their memory. Given (…) Read more
Nuremberg Higher Regional Court: Urgency is inherent in the trade secret matters
According to the Nuremberg Higher Regional Court, the presumption of urgency under Section 12 (1) of the Unfair Competition Act (UWG) is not applicable by analogy under the German Act (…) Read more
Karlsruhe Higher Regional Court: An NDA does not replace a confidentiality order
According to the Mannheim Regional Court – a view also held, albeit in a slightly less stringent form, by the Düsseldorf Higher Regional Court – the need for legal protection (…) Read more
Looking back: GeschGehG 2022
To wrap things up, let’s take another look at the activities of the Geheimnisblog over the past year: We published no fewer than 13 posts related to the German Act (…) Read more
Saxony Regional Labor Court: Enforcement of a Clean Desk Policy
To protect trade secrets, the holder must take appropriate protective measures, including in the area of work organization. In a recently issued decision, the Saxony Regional Labor Court clarified that (…) Read more