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his or her freedom of speech outweighs the employer´s interest in the secrecy of ancompany-related topic.There exists a controversy in the legal practice of whether – and to which extent – anobligation to not disclose trade secrets is applicable after the termination of anemployment relationship. The German Federal Labour Court has not finally decided onwhether a general obligation not to disclose may be drawn from the general duty tomutual consideration. It seems to be undoubted that “justified” trade secrets areprotected after the termination of the employment relationship. 63However, this is onlytrue insofar the employee is not infringed in his or her constitutional freedom to choosean occupation. Further protection of the employer may only be reached by contractualagreements, i.e,. non-disclosure agreement and clause not to compete.b. Legal Remedies In Case of any Infringement?As legal remedies in case of an infringement of the obligation not to disclose labour law,civil law and criminal law consequences may be at hand as follows:The employer may be entitled to a termination of the employment relationship withimmediate effect or at least obtaining the contractual/statutory notice period. Theemployer may claim an obligation to cease by the employee for the future. Furthermore,damages may be claimed, but have to be proved by the employer. Finally, theemployee may be sentenced according to Sec. 17 UWG.c. Recommendation.63 Lingemann / von Steinau-Steinrück / Mengel, Employment & Labor Law in Germany, p. 29.3082723.3