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ARTICLE · 26 JUNE 2019

Trade And Business Secrets Law Enacted

It is here. The German Trade and Business Secrets Law (Geschäftsgeheimnisgesetz; GeschGehG) came into effect on April 26, 2019. Companies wishing to ensure protection

GermanyIntellectual Property

It is here. The German Trade and Business Secrets Law (Geschäftsgeheimnisgesetz; GeschGehG) came into effect on April 26, 2019. Companies wishing to ensure protection of their business and trade secrets (such as customer, supplier and staff lists) in the future are required to take and document appropriate non-disclosure measures. This is effective immediately.

Appropriate non-disclosure measures

One of the major changes in the legal situation under the new GeschGehG is that business and trade secrets now comprise only those secrets that have been actively protected by the employer. Previously, the employer's subjective intent not to disclose was enough to meet the requirements of a legally protected trade or business secret. Henceforth, full legal protection in cases of disclosure of secrets/theft of data – such as claims for damages, cease-and-desist claims, and claims to information – only applies when and if the employer has taken appropriate protection

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