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 in Category ‘Labor law’
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
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
Hello Whistleblower Protection Act, goodbye NDA
The proposed Whistleblower Protection Act (HinSchG) is intended to ensure better protection for so-called “whistleblowers” in the interest of uncovering misconduct. The focus is on protecting employees so they can (…) 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
Hamburg Labor Court: Cocktail recipe is not a trade secret
In a labor law case, the Hamburg Labor Court ruled that a cocktail recipe did not qualify as a trade secret (decision dated July 1, 2021, Case No. 4 Ca (…) Read more
Risk of a violation of the trade secrets act following an employee’s change of employer – is the “Clean Team” a solution?
A common trigger for the German Act on the Protection of Trade Secret (GeschGehG) proceedings is an employee’s move to a new employer. Not only the – impermissible – removal (…) Read more
Gathering evidence by accessing employees’ email accounts
It’s a typical scenario: A former employee starts their own business or goes to work for a competitor. There is some evidence to suggest that the employee used 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