An important component of any confidentiality strategy is the conclusion of non-disclosure agreements with business partners and employees. It is almost impossible to imagine a sufficiently effective confidentiality strategy which does not incorporate robust non-disclosure agreements.
In practice, however, we often find that non-disclosure agreements employed are too general and sometimes legally unenforceable. In many cases, such non-disclosure agreements do not meet the requirements of the German Trade Secrets Act and therefore jeopardise the legal protection of trade secrets. That is why we strongly recommend arranging to have existing non-disclosure agreements legally reviewed.
This also applies in regard to research and development contracts and contracts governing the transfer or licensing of know-how.