The new know how directive
necessary measures to protect business secrets
The directive on the protection of undisclosed know how and business information (trade secrets) against their unlawful acquisition, use and disclosure should be transposed into national measures of the member states by 09.06.2018. However, the German legislative process has not even started. Despite this, enterprises should already analyze the requirements of the directive to adjust their internal protection of trade secrets and to adept their standard contractual forms, in particular nondisclosure agreements and supply agreements.
Of particular importance is the fact that a trade secret is only regarded as such if the enterprise itself adopts adequate measures to protect such information within its own business. Additionally it has to be recognized that in particular reverse engineering of lawfully obtained objects that may incorporate trade secrets is now allowed.
Dr. Kerstin Kern
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