Germany's New Trade Secrets Act Will Provide Courts Guidance

On April 26, 2019, Germany’s new Trade Secrets Protection Act (Gesetz zum Schutz vor Geschäftsgeheimnissen – GeschGehG) came into effect, implementing EU Directive 2016/943.

Previously, trade secrets were only regulated by German Unfair Competition Act penal provisions and the German Civil Code’s laws of torts. The new law defines “trade secret” in accordance with TRIPS and will provide a basis for a uniform approach to trade secret protection by German courts that did not exist before. The Act also explicitly provides for, inter alia, injunctions, seizure, destruction, and damages in cases of intentional or negligent violations. In accordance with other new laws implementing EU Directive 2016/943, Germany’s Trade Secrets Protection Act provides exceptions for freedom of expression and information, public interest or disclosure of an illegal activity, and employee representatives in the course of their duties.

The text of the Trade Secrets Protection Act may be found here.