Protection of Trade Secrets in Employment Relationships: New Article Published in RüSiR

How can companies effectively protect their trade secrets in employment relationships?

This question is explored by our partners Dr. Rembert Niebel and Alexander Möller in their article "Trade Secret Protection in Employment Relationships", published in the latest issue of RüSiR – Journal for Defence, Homeland Security, Cyber & Space.

Trade secrets are among a company's most valuable assets. This is particularly true in the security and defence sector, where employees regularly have access to sensitive information and technical know-how. The article examines the legal framework governing trade secret protection in employment relationships and explains the safeguards already provided by the German Trade Secrets Act (Geschäftsgeheimnisgesetz – GeschGehG), as well as how these can be effectively complemented through employment contract provisions.

The authors also discuss recent case law of the German Federal Labour Court (Bundesarbeitsgericht – BAG) on confidentiality agreements. They explain why broad, generic confidentiality clauses are often insufficient and outline alternative contractual approaches available to employers. Particular attention is given to tiered confidentiality agreements for employees with access to particularly sensitive information, as well as additional legal instruments for protecting confidential business information.

While the article is primarily aimed at companies operating in the security and defence industry, it also provides valuable guidance for employers across all sectors seeking to align their trade secret protection strategies with the latest legal developments.

You can download the full article as a PDF here.