04 · Protection of Trade Secrets
Protection of Trade Secrets –
Not everything can
be patented
Much valuable information constitutes trade secrets, such as customer lists, algorithms, and production processes. To ensure legal protection, statutory requirements must be met, including adequate confidentiality measures and technical and organizational security measures.
My consulting services include
- Risk Analysis – What Information Needs to Be Protected?
- Action Plan – NDAs, Access Rights, Documentation
- Enforcement of Rights – Injunction, Disclosure, Damages
Legal Basis
The protectionof trade secrets under German law is based on theTrade Secrets Protection Act (GeschGehG). According to this Act, a trade secret is any information that is not generally known or readily accessible, has economic value, and is protected by appropriate confidentiality measures.
Business owners must actively document that they have taken protective measures. Only then can claims for injunctive relief, removal, surrender, disclosure, and damages be enforced in the event of a violation.
Examples of potential trade secrets
- Non-public lists of customers and suppliers
- Confidential business strategies or marketing plans
- Technical construction drawings and formulas
- Source code for software and algorithms
- Production methods and detailed process documentation
Case Studies
- In practice, trade secret protection becomes relevant, for example, when former employees take internal information—such as customer contacts—to competitors, or when IT service providers gain access to source code without a confidentiality agreement and later use it for their own products. Trade secret protection is also relevant in the context of mixed contracts, such as research and development agreements.
All areas of law
- Protection of Trade Secrets
- Intellectual property
- Trademark Law & Design Law
- Competition Law
- Copyright & Media Law
- IT Law & AI Law
- Mediation & Arbitration
Initial consultation
- Do you have questions about this area of law? Schedule an initial consultation.