Safeguarding secrets — a German employment law perspective
By Dr Sabine Bechtel and Nadia Roßmy
In the framework of contractual relationships that involve continued obligations, the issue of confidentiality typically combines conflicting interests.
It is foreseeable that the parties of an employment relationship might get involved in a legal dispute regarding business and trade secrets, particularly following the termination of the employment relationship. The employer is interested in protecting trade and business secrets. Contrary to this, the employee is interested in making use of the whole knowledge he or she has gained during the employment relationship for his or her future professional development. Even in an ongoing employment relationship, the conflicting interests of the parties regarding the confidentiality of certain business information may collide.
This article explains how to handle issues of trade and business secret protection from an employment law perspective in Germany…
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