Trade secrets form the backbone of many companies. Technological developments, research and development data, customer and supplier lists, pricing and calculation models, marketing strategies, software source codes, or internal organizational structures often represent decisive competitive advantages. If such information falls into the wrong hands, not only economic damage, but also lasting losses in market position and reputation are threatened.
The legal protection of trade secrets in Germany is primarily governed by Trade Secrets Protection Act (GeschGehG) regulated. In addition, labor law confidentiality obligations, contractual agreements, the Competition Law as well data protection law and IT security regulations play a central role.
A trade secret exists only if information
- not generally known or readily accessible,
- one economic value own and
- through appropriate organizational, technical, and legal measures to be protected
Anyone wishing to invoke a trade secret must be able to prove that adequate confidentiality measures have actually been taken. Companies are therefore called upon not only to rely on existing legal claims but to actively take action through a structured Secrecy protection system to establish effective trade secret protection. Only when comprehensible protective measures are in place can injunctions, cease and desist orders, disclosure and damages claims be successfully enforced in the event of legal violations.
Our legal services in the area of trade secret protection:
We provide comprehensive advice and representation on matters of preventive and reactive trade secret protection. Our activities include, in particular:
Strategic Consulting and Prevention
- Identification and Legal Classification of Protected Trade Secrets
- Setup and Testing of Company-Wide Trade Secret Protection Concepts
- Design of compliance structures and internal policies
- Consulting on technical and organizational security measures from a legal perspective
- Training for managers and employees on trade secret protection and confidentiality obligations
Contract review and contract drafting
- Drafting and Negotiating Non-Disclosure Agreements (NDAs)
- Contract drafting for cooperation, joint ventures, development projects, licenses, and IT outsourcing
- Protection of know-how in company acquisitions, investments, and due diligence processes
Enforcement of trade secret rights
- Legal action in cases of know-how leakage, employee poaching, and competition violations
- Out-of-court reprimands and negotiations
- Enforcement of injunctions, disclosure, surrender, and damages claims
- Representation in preliminary injunction proceedings and main proceedings
- Coordination with criminal law and data protection measures
Defense and Crisis Management
- Defense against accusations of alleged trade secret violations
- Support for internal investigations and compliance procedures
- Consulting on employee changes, terminations, and post-contractual non-compete clauses
- Assistance with data outflow
- Development of legally sound communication and escalation strategies
Our approach combines sound legal expertise with economic understanding and practical feasibility. We support you in systematically protecting your sensitive information, minimizing legal risks, and consistently and efficiently enforcing your claims in the event of a conflict. The goal is to secure your know-how as a key company asset in the long term and sustainably strengthen your competitive position.
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