Germany: Trade Secrets

Germany's Federal Cabinet has approved a draft bill modernizing the country's product liability framework for the first time since 1989, expanding liability to cover software and AI systems while introducing new evidentiary rules that shift the burden of proof toward manufacturers. The reform extends potential liability to a broader range of economic operators, including online marketplace providers and fulfillment service providers, while establishing extensive disclosure obligations for defendants in prod

Confidentiality orders are not limited to trade secrets, they cover any information requiring confidentiality, balanced against the parties’ competing interests

In response to confidentiality interests asserted by the respondent to an application for preservation of evidence (the alleged infringer), the court may order a partial redaction of the expert report before its release...

On 2 July 2023, the German Whistleblower Protection Act (the Act) came into force (Link to official text in German). It requires most employers to establish internal reporting channels...

In May 2022, the European Commission published a proposal to establish a European Health Data Space ("EHDS"). The Commission's EHDS proposal aims to improve access by individuals to their health data...

The Bundesrat decided not to request that the Mediation Committee convene to address the bill.

For companies, the GeschGehG initially means increased protection of their trade secrets.

After several months of delay and heated political discussion among all German parties about the scope of protection regarding journalists

Finally, German parliament is about to vote on the draft Act on the Protection of Business Secrets (Gesetz zum Schutz von Geschäftsgeheimnissen).