The EU Directive on the Protection of Trade Secrets and its Relation to Current Provisions in Germany

Abstract

In June 2018, the deadline for the implementation of a new act reforming the trade secret law expired. This contribution examines the underlying EU Directive on the protection of trade secrets (Directive (EU) 2016/943, hereinafter “Directive”) and outlines the differences compared to the current legislation concerning trade secrets in Germany. Furthermore, the legal nature of trade secrets and possible consequences for the industrial practice are illustrated.