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‘Got a secret? But how can you keep it? EU Trade Secrets Directive: Implementation status and practical issues in different jurisdictions’

Since 26 April 2019, the German Trade Secrets Protection Act has been in force, implementing Directive (EU) 2016/943. Previously, trade secrets and their protection were not regulated centrally in one law in Germany, but in individual regulations, such as the Unfair Competition Act, Criminal law and Labour law Acts.

Trade secrets are an important asset for every entrepreneur. In order to position themselves successfully on the market, to stand out from the competition. But also, to ensure that you don’t lose your trade secrets again, for example when changing employees. But how do I protect my trade secrets and what measures are legally appropriate? This question is increasingly preoccupying practitioners.

Marie-Christine Seiler gave a presentation on the legal requirements for the protection of trade secrets on February 08, 2024. With a view to the requirements of the German legislator and the judgement of the German courts, which are increasingly dealing with this issue. A special focus was on practical tips for owners of trade secrets: What (at least) needs to be done to ensure that a trade secret is and remains regarded as such and is not disclosed unintentionally? If you have questions in this regard, we are happy to advise you.