Trade secret - establishment of the SChutzkonzept

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The protection of trade secrets - Establish the protection concept in the company!

Law firm for labor law in Kerpen, Cologne and Witten

Lawyer for - Labor Law | Criminal Law | IT Law | Data Protection

Already at the end of March 2019, the German Bundestag passed the new "Act on the Protection of Trade Secrets". The new law for the protection of trade secrets implements the long overdue "know-how directive" of the European Union. The core of this new law is the introduction of a new intellectual property right - the trade secret.

Company and Employer should not underestimate the relevance of the Trade Secrets Act, especially with regard to a potential dispute. Therefore, employers, companies, should act quickly and accurately in this sense to fully protect their own trade secrets.

What is a trade secret?

Definition of trade secret

A trade secret is deemed to exist under the new Trade Secrets Act This is the case if it is internal information of economic value that is not known to the general public and is therefore secret. Furthermore, this secret information must be secured by appropriate, adequate protective measures in order to be able to assert claims in retrospect.

Ultimately, this means that a trade secret, unlike a trademark or a patent, is not established by registration, but exclusively by the right holder's own actions, taking appropriate measures to secure them. Nevertheless, in contrast to copyright, no particular level of creation is necessary - the trade secret must be kept in the company or at the Employer only be "appropriate, adequate, protected."

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How do I protect the trade secret?

The establishment of the protection concept

Accordingly, trade secrets are protected only by appropriate, comprehensive protective measures. According to the justification of the law, the adequacy and scope of the protective measures shall be determined by the competent courts. Conversely, this means that the legislator, possibly also due to the complexity of the protection of trade secrets, was itself not sure which measures were appropriate for the protection of trade secrets or to convince the judges responsible for the secrecy dispute proceedings.

In any case, a simple list of which trade secrets are to be kept in the Company / Employer and are worthy of protection. A valid protection concept for establishing appropriate, comprehensive protection measures will therefore probably consist of three phases:

1. recording of trade secrets

2. definition of protective measures

3. implementation and auditing of the measures

Often - depending on the size of the company - the management will not even be aware of which trade secrets exist in the company and who handles which trade secrets. It is more than questionable whether it is sufficient that precisely this critical information is collected and evaluated by one of the company's own employees in an error-prone manner.

Rather, it is recommended that an independent third party, bound to secrecy and using new technical possibilities, search for trade secrets in the Company classifies them and determines legal and technical/organizational measures. After all, even the internal "know-how officer" becomes the bearer of secrets and thus a potential weak point in the company or the employer, at the latest when searching for trade secrets.

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Trade secret protection through the use of AI

The use of artificial intelligence for avoidance with respect to the preservation for compliance with trade secret protection

In order for trade secrets to be guarded comprehensively and completely and for the handling of trade secrets to be regulated, this requires the use of the best protective measures. It would be unthinkable to lose one's own trade secrets, which are precisely the part that allows the company to survive on the market.

Therefore, as part of our previous implementation of still appropriate protection measures, we have developed a service, a product, which, by using a forensic search by an artificial intelligence (AI) in your company, identifies the trade secrets and classifies them in your company. It is completely independent of the size of your company, revenue figures or the number of employees. The product we developed searches your company's IT infrastructure for trade secrets and even determines the employees who handle the trade secrets - and it even does so on the safe side in terms of data protection law.

If you would like to know more about implementing a protection concept in your company, please send us an e-mail. We will also be happy to send you information material on this topic and help you implement your individual protection concept.

Do you need support regarding the protection of your trade secrets?

Then contact us

+49 (0) 2273 - 40 68 504

Law firm for labor law in Kerpen, Cologne and Witten

Lawyer for - Labor Law | Criminal Law | IT Law | Data Protection