Protection of Trade Secrets in Germany
Trade secrets hold significant economic value for corporations, thus deserving the utmost protection. Given the rise in digital, cross-border collaborations and exchanges among companies, coupled with the inherent value of operational expertise for a company’s economic survival, we advise entrepreneurs to enforce and adhere to appropriate confidentiality measures.
What is a trade secret?
A trade secret or business secret is information that is neither widely known nor easily accessible, thereby holding economic value. This information must be safeguarded through suitable confidentiality measures, with the owner of the trade secret having a legitimate interest.
Which trade secrets require protection?
The protection of trade secrets can impact various aspects of a company, including technical know-how, commercial secrets like customer and supplier lists, as well as business strategies and data compilations.
How can companies protect trade secrets?
The safeguarding of secrets must be executed and maintained through appropriate technical and organizational measures and comprehensive protection strategies to ensure adequate and practical protection. Alongside organizational measures, legal and actual restrictions on access to information, and employee training on handling confidential information should be implemented. Technical measures could include password protection and the development and enforcement of authorization concepts for access to physical and electronic documents.
Protective measures depend on the individual case
The protection of trade secrets forms an integral part of an effective compliance management system, and must be implemented and integrated within this framework. The extent of suitable protective measures is case-dependent and is determined based on factors such as:
- Company size,
- The risk potential associated with the entrepreneurial activity,
- The significance or nature of the trade secret and its usage, and
- Any development costs.
Our consultation services for trade secret protection in Germany
We assist national and international companies with:
- Identifying trade secrets,
- Developing a trade secret protection strategy,
- Integrating into other compliance management structures,
- Establishing compliance management structures inclusive of a confidentiality concept,
- Employee training.
Your attorney for trade secret protection
Interested in developing a strategy for protecting your trade secrets? Have queries regarding your protection strategy? Our experienced attorneys are ready to assist you in creating confidentiality and data protection strategies.
Reach out to your contact person at +49 69 76 75 77 85 30 or via e-mail at info@winheller.com. We welcome your questions!
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Or give us a call: +49 69 76 75 77 85 30