In a change to the situation under German law, companies will, going forward, only enjoy protection for those trade secrets which they have demonstrably taken reasonable confidentiality measures to protect. Determining whether a confidentiality measure is reasonable or not is a complex question and one which is dependent on the circumstances of the individual case, a particularly important factor being how valuable a trade secret is. The more valuable the trade secret, the stricter and more secure the confidentiality measures must be.
Companies should create confidentiality strategies for them to be able to legally protect their trade secrets in future. This requires action in a number of different areas (contractual obligations, IT security, access restrictions, copying restrictions, identification of trade secrets). These measures must be coordinated and tailored to the type of trade secret involved in order to ensure due legal protection is afforded.