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C. Germany 601. Protection of Trade Secretsa. General IntroductionThere is no explicit statutory provision relating to any non-disclosure obligation of theemployee regarding to trade secrets of the employer. However, such an obligation isgenerally acknowledged.The acknowledged obligation is flanked by statutoryprovisions 61 regarding unlawful competition and tort law,. Additionally, there exist somespecial non-disclosure obligations for specific secret carriers within a company.Trade secrets are defined as all facts connected to the running of the business whichare only known by a specific group of people, which are not in the public domain andwhich are kept secret based on the expressed or implied will of the employer due tojustified economical reasons. 62Trade secrets are protected through Sec. 17 UWG, which is a criminal provision duringthe employment relationship. Moreover, due to the employee´s duty to secure theinterests of hi or her employer there exists a broader obligation of the employee to notdisclose any non-disclosure interests of the employer no matter of their kind. Thisobligation is limited by constitutional means. By weighing the parties´ interests withinthe employment relationship the employee is entitled to disclose information insofar as60 By Géro Schneider (Schneider@tiefenbacher.de) of the ALFA Germany firm Tiefenbacher.61 Secs. 17 UWG subs. (Act Against Unfair Competition).62 Hoeren, Der Schutz von Betriebs- und Geschäftsgeheimnissen, p. 106 subs.3082723.3