Trade Secrets Law in Germany
Here’s a detailed overview of Trade Secrets Law in Germany:
Trade Secrets Law in Germany
1. Legal Framework
Germany’s trade secrets protection is primarily governed by the Trade Secrets Act (Geschäftsgeheimnisgesetz – GeschGehG), which came into effect on 26 April 2019.
This Act implements the EU Trade Secrets Directive (2016/943) into German national law.
Additional relevant laws include:
Civil Code (Bürgerliches Gesetzbuch – BGB),
Criminal Code (Strafgesetzbuch – StGB),
Labour law provisions.
2. Definition of Trade Secrets
Under the German Trade Secrets Act:
A trade secret is any information that:
Is not generally known or easily accessible,
Has commercial value because it is secret,
Is subject to reasonable steps by its lawful holder to keep it secret.
This covers a wide range of information including formulas, methods, processes, designs, business plans, customer data, and software source code.
3. Protection Mechanisms
The law protects trade secrets against:
Unauthorised acquisition (theft, bribery, espionage),
Unauthorised use,
Unauthorised disclosure.
Reasonable steps to maintain secrecy may include:
Confidentiality agreements,
Access restrictions,
Security measures,
Employee training.
Employers must ensure confidentiality agreements with employees, contractors, and business partners.
4. Enforcement and Remedies
Rights holders can seek civil remedies, including:
Injunctions to prevent or stop unlawful use or disclosure,
Claims for damages,
Destruction or recall of infringing goods or materials,
Publication of court decisions to prevent further misuse.
The law also provides criminal penalties for serious violations under the Criminal Code, such as industrial espionage and breach of confidentiality.
Courts may impose measures to protect confidentiality during proceedings.
5. Duration of Protection
Trade secret protection lasts as long as the information remains secret and commercially valuable.
Once the information becomes public, it loses protection.
6. International Context
Germany, as an EU member state, aligns its laws with the EU Trade Secrets Directive.
It is a member of WIPO, and party to the TRIPS Agreement under the WTO.
German law is harmonized with international IP standards.
Summary
| Aspect | Details |
|---|---|
| Governing Law | Trade Secrets Act (2019), Civil Code, Criminal Code |
| Definition | Secret, commercially valuable information |
| Protection Against | Unauthorized acquisition, use, disclosure |
| Protection Measures | NDAs, security protocols, confidentiality agreements |
| Remedies | Injunctions, damages, criminal penalties |
| Duration | As long as secrecy and commercial value persist |
| International Alignment | EU Directive 2016/943, TRIPS, WIPO |
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