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