Protecting Customer Lists And Other Trade Secrets In Austria

Walking the line between the lawful use of information obtained from (former) employers and the unlawful exploitation of trade secrets

Trust is an essential ingredient for building and retaining business in almost all industries. Specifically: trust in employees and business partners. But what happens when those employees leave or partnerships break?  Trade secrets can easily find their way to competitors via former trusted employees and business partners.  Especially in smaller and/or highly specialized markets, it is inevitable that former employees subsequently show up at a competitor's office.

Historically, Austrian legislators and courts have been hesitant to provide reliable protection, weighing the legitimate rights of the owners of trade secrets against competitive practices that can still be deemed "fair" and individuals' right to work. Promoting and protecting innovation while at the same time ensuring sufficient market competition has always been a