The Trade Secrets Act (GeschGehG) modernized the regulations on the protection of trade secrets. The OLG emphasizes the following key change: For information to be a trade secret, its owner must have taken appropriate confidentiality measures under the circumstances. This is an objective protection requirement for which the owner has the burden of proof. The decisive factor is not complete protection, but rather whether the owner of the secret has taken sensible and efficient measures in advance to protect the information. The specific confidentiality measures depend on the type of trade secret in question and the specific circumstances of its use. From this, the judges derive as a minimum standard that relevant information may only be entrusted to persons who (potentially) need the information to carry out their task and who are obliged to maintain confidentiality. These persons must also be aware of the confidentiality obligation in relation to the information in question. Additional measures must be taken on a case-by-case basis after an overall assessment. The OLG takes a very critical view of the permission to store data on private devices (laptops, USB sticks). This is particularly the case if it is even stored unencrypted. This alone could ensure that there is no adequate level of protection overall. (Higher Regional Court of Stuttgart, judgment of 19.11.2020, ref.: 2 U 575/19)
Inadmissible media disruption: advertising letter may not refer to general terms and conditions on the Internet
Inadmissible media disruption: advertising letters may not refer to general terms and conditions on the Internet – important decision by the Düsseldorf Higher Regional Court.