Der Begriff und die Rechtsnatur von Geschäfts- und Betriebsgeheimnissen unter Berücksichtigung der Geheimnisschutz-Richtlinie

Trade secret protection requires secrets of a certain quality, and this can easily be lost. Within the EU’s Member States, the protection of business and trade secrets is different. To improve this protection, the EU adopted Directive (EU) 2016/943 on 8th June 2016. Article 2 (1) of the directive contains a legal definition of trade secrets. This puts the definition developed by case law in Germany under scrutiny. Does the German definition also meet European requirements? In order to answer this question, the author examines the characteristics of the concept of secrecy under German law and compares them with those of the directive. Furthermore, the author deals with the legal nature of business and trade secrets. This relates to the still controversial question of whether trade secrets constitute absolute rights according to section 823 (1) of the German Civil Code.