Indications of an inadequate protection concept must be investigated

Trade secrets are among a company’s particularly sensitive information. However, according to the German Trade Secrets Act (GeschGehG), legal protection of this information is subject to appropriate confidentiality measures. In a decision, the Higher Regional Court of Hamm emphasized when these are not present. Specifically, the case concerned the fact that the plaintiff had received several indications that its protection concept was inadequate. However, these indications were never followed up. In the opinion of the Higher Regional Court of Hamm, this fact alone indicates that the confidentiality measures taken could not be appropriate. It is imperative to follow up on information in this regard and, if necessary, to adapt security concepts promptly or take sanctions (OLG Hamm, judgment of September 15, 2020, Ref.: 4 U 177/19).

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