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Trade Secrets

Your leading edge deserves more than just confidentiality.
Today, legal protection of trade secrets requires more than just an “intention to keep them secret.” It depends on the implementation of concrete, appropriate confidentiality measurements - technical, organizational, and legal.
Ines Maier, LL.M.
Associate Partner
Attorney at Law (Germany)
T +49 911 9193 1605
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More than just a secret

Trade secrets are the invisible core of your IP portfolio: technical know-how, algorithms and source codes, training and sensor data, design and manufacturing processes, R&D roadmaps, and designs for new products. Protecting such information can be essential to a company’s technological leading edge – because trade secrets don’t get a second chance. At the same time, pressure on confidential information is growing due to factors such as:

  • globally interconnected supply and development chains
  • highly mobile R&D teams
  • employee mobility and remote work
  • digital attacks on operating systems and development environments
  • increasingly sophisticated whistleblowing systems

Precise implementation of trade secret protection under the German Trade Secrets Act (GeschGehG) and the EU Trade Secrets Directive is essential, especially when companies deliberately choose not to file for patents. Otherwise, this know-how remains unprotected.

We help you protect your trade secrets and know-how in a legally compliant manner, enforce them effectively, and integrate them into global compliance frameworks. This allows you to strengthen your competitive position while safeguarding against the loss of intellectual property.

Legal protection applies only if it can be demonstrated that appropriate safeguards have been implemented. These include, in particular, legal safeguards throughout the entire value chain.

Support throughout the entire lifecycle of your know-how

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1. Identification & Classification 2. Establish a system for protecting confidential information 3. Contractual Protection: National and International 4. Employment Law Protection & HR Processes 5. Incident Response, Litigation & Enforcement Skip Section

1. Identification & Classification of Trade Secrets

  • Analysis of which information within your company actually qualifies as trade secrets
  • Development of a practical classification system based on protection needs and economic significance (“crown jewels” vs. other information)
  • Distinction from patentable inventions and public knowledge

2. Implementation of a customized confidentiality protection system

  • Development or review of policies and guidelines
  • Definition of access rights (“need-to-know”) and authorization frameworks
  • Integration with IT security (e.g., ISO 27001, NIS 2 implementation) and data protection

3. Contractual Protection in Germany and Internationally

  • Drafting and Harmonization of NDA Standards (Employees, Suppliers, Business Partners, Joint Ventures)
  • Confidentiality Provisions in R&D and Licensing Agreements
  • Provisions Regarding Use, Return, Deletion, and Reverse Engineering

4. Labor Law Compliance & HR Processes

  • Adapting employment and consulting contracts to comply with the Trade Secrets Act (GeschGehG)
  • Implementing onboarding and offboarding processes with a focus on protecting intellectual property
  • Training employees and managers on the secure handling of trade secrets

5. Incident Response, Litigation & Enforcement

  • Contingency plans in the event of suspected disclosure of confidential information (e.g., cyberattacks, employee turnover, leaks)
  • Coordination of civil, criminal, and labor law proceedings
  • Use of specific confidentiality measures during litigation (e.g., restrictions on access to case files, closed-door hearings)

Why is RÖDL the right partner for you?

A holistic approach rather than isolated measures

The protection of trade secrets is no longer limited to individual technical or legal aspects. We take comprehensive approach to your confidentiality management system – from identifying sensitive information and developing appropriate protective measures to ensuring that these measures are firmly embedded in your compliance and governance structures. Our goal is to combine legal requirements with practical, efficient solutions that integrate seamlessly into existing processes and safeguard your company in the long term.

International experience and interdisciplinary consulting

intellectual property protection does not stop at national borders. Companies operating globally face particularly complex challenges – from international R&D collaborations and cross-border supply chains to varying regulatory frameworks. Through the close collaboration of our legal, technical, and organizational experts, we provide you with interdisciplinary and international support. We also stand by your side as a reliable partner in sensitive situations such as suspected violations, internal investigations, or communication with authorities.

Our approach: From trade secret to protection strategy.

Schedule a non-binding consultation appointment now!

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** RÖDL stands for the RÖDL group of companies and comprises Rödl GmbH Wirtschaftsprüfungsgesellschaft Steuerberatungsgesellschaft, Rödl Audit GmbH Wirtschaftsprüfungsgesellschaft and Rödl Consulting GmbH.

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