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Home› Trade Secrets Protection› GeschGehG (EN)

Section 16

Confidentiality

(1) In actions by means of which claims are asserted under this Act (trade secret disputes) the court dealing with the main proceedings may, upon the application of a party, categorise information that is the subject of proceedings as sensitive, in full or in part, if it may be a trade secret.

(2) The parties, their counsel, witnesses, experts, other representatives any other persons involved in trade secret disputes or who have access to documents of such proceedings, must treat confidentially information categorised as sensitive and may not use or disclose it outside court proceedings unless they became aware of it outside the proceedings.

(3) If the court takes a decision under subsection (1), third parties that have a right to inspect the files may only be provided with the contents of files in which statements containing trade secrets have been made illegible.

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