Samenvatting

The first instance Labour Court of Aachen has issued one of the first judgments on the prerequisites of trade secret protection under the German Trade Secrets Act (Geschäftsgeheimnisgesetz). It well illustrates that employers who have so far not installed an adequate secrecy management taking care of the protection of their trade secrets and critical know-how are well advised to do so swiftly. A rude awakening is imminent if the legal protection of secrets is denied in court because one’s own measures were not taken, not appropriate or not sufficiently documented. Also, the judgment makes findings on the extent and scope of the claimant’s burden of presentation and proof in trade secret litigation under the Trade Secrets Act.