Geheimnisschutz in der Personengesellschaft

The aim of this thesis is to classify the current development of trade secret law, which is particularly influenced by EU legislation, and to place it in relation to the reformed national law on partnerships, in particular the fiduciary duty under company law. After covering the basics of trade secret protection for partnerships, the paper looks at the conflict between the fiduciary duty under company law and the duty of confidentiality under trade secret legislation, as well as whistleblower protection legislation. Additionally, the appropriateness and validity of trade secret protection within partnerships is examined. The thesis concludes with a sample confidentiality clause for partnerships.