We’re taking the occasion of the Geheimnisblog’s first New Year to look back on our favorite topic: We’re drawing an interim conclusion regarding how the courts have handled appropriate protective (…) Read more
Posts in Category ‘Protective measures’
Vienna Supreme Court: Implied duty of confidentiality in the transfer of trade secrets
According to the Vienna Supreme Court (Case No.: 4Ob182/20y), the granting of a right to use a software source code (which is to be classified as a trade secret) may (…) Read more
Sending trade secrets via email only if encrypted!?
Under Section 2 no. 1 b) of the German Act on the Protection of Trade Secret (GeschGehG), information is protected as a trade secret only if the lawful owner subjects (…) Read more
Case law on reasonable confidentiality measures
Legal uncertainty persists for holders of trade secrets regarding the specific requirements for “reasonable confidentiality measures” within the meaning of Section 2 no. 1 b) of the German Act on (…) Read more
Trade secret despite publication in a YouTube video?
Under the German Act on the Protection of Trade Secret (GeschGehG), only information that is not generally known or readily accessible can constitute a trade secret. This requirement roughly corresponds (…) Read more
Düsseldorf Higher Regional Court clarifies “reasonable confidentiality measures”
One of the key changes introduced by the German Act on the Protection of Trade Secrets (GeschGehG) is the legal definition of a trade secret in Section 2 no. 1 (…) 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
Retroactive application of the obligation to take protective measures? Higher Regional Court of Stuttgart vs. Higher Regional Court of Hamm
In two very extensive decisions, the Higher Regional Courts of Stuttgart and Hamm – as far as can be determined – became the first higher courts to rule on the (…) Read more