Das Wirtschaftsgeheimnis in der Verfassung

Taking into account recent legal developments, such as EU Directive 943/2016, the author of this book analyses trade secrets, paying attention to their protection by the German constitution. Digitalised societies create greater opportunities for people to share and access information. Freedom of information laws give legal expression to that but have to be counterbalanced carefully by legal tools which restrict access to certain information if necessary. Acknowledging that need in the field of trade secrets, the author goes beyond merely considering German law and takes into account EU law, basic international treaties as well as the genesis, normative context, structure and components of and developments within intellectual property, unfair competition and trade secret laws. He uses those findings to determine the scope of protection for trade secrets within Germany’s constitutional law provisions as regards the right to property and freedom of profession (Art. 12, 14 of the Grundgesetz, Germany’s Basic Law).