Düsseldorf, 25 September 2019 - On 26 April 2019, the Law on the Protection of Business Secrets (GeschGehG) entered into force. The aim is to improve the protection of secret information and to ensure uniform protection throughout the EU. In a new publication from the "CFUpdate" series of guidelines, Cohausz & Florack (C&F) provides information on the changes that companies will face as a result of the new law.
Under the title "valuable, secret, protected: On the handling of information under the new Trade Secrets Act", the guide initially deals with the distinction between trade secrets and industrial property rights. In addition, it describes the criteria according to which information is a trade secret according to GeschGehG. For this purpose, above all "appropriate confidentiality measures" must be taken: In contrast to the previous legal situation, such measures are no longer only necessary to prevent the actual loss of trade secrets, but also to obtain legal protection for them at all. The publication explains in a practical and exemplary manner which measures can be considered "appropriate" in the sense of the law and how they can be effectively implemented. Further topics of the guide are the question of ownership of a trade secret, possible acts of infringement, claims in the event of legal infringements and the protection of secrets in court proceedings.
"Innovative companies can use their know-how to secure competitive advantages and assert themselves in the market. This makes it all the more important that this know-how remains secret," says Dr. Reinhard Fischer, attorney at law at Cohausz & Florack. "With the new guideline, we are offering companies important orientation and assistance in connection with the new legal situation".