As a result, certain business information may be considered (subjectively) by that company as confidential business information, but under the Trade Secrets Protection Act it is no longer considered a trade secret in the absence of such appropriate confidentiality measures. Companies are therefore required to develop and implement appropriate protection concepts for their trade secrets, since the absence of such measures can result in a total loss of legal protection. Although German labour law does not provide for the inclusion of confidentiality clauses in employment contracts, employers may include such clauses on the basis of the provisions of the civil code. As a general rule, German employers include confidentiality clauses or have their employees sign confidentiality agreements to protect their trade secrets and avoid conflicts after the termination of the employment contract. German IT companies generally have a confidentiality agreement to protect their software and computer programs from use by employees who leave the company. However, the creation of software and other computer programs is also covered by the provisions of the German Intellectual Property Act. As Europe`s largest economy, Germany has strict legislation to guarantee the protection of trade secrets. In Germany, trade and business secrets are protected by several regulatory frameworks and companies may also include confidentiality clauses in their contracts or even develop confidentiality agreements. The Federal Constitutional Court allows the inclusion of confidentiality clauses to protect trade secrets and trade secrets if: the new Trade Secrets Protection Act (GeschGehG), which implements the 2016/943 European Directive on the Protection of Trade Secrets from Illegal Activities, Use and Disclosure (Trade Secret Directive), came into force on 26 April. The new law provides for an expanded legal framework for the protection of trade secrets and imposes increased requirements on trade secret holders to ensure and document appropriate confidentiality measures, both within their organization and with respect to third parties.
