Geheimnisschutz im Zivilprozess
Every entrepreneur knows about the importance to protect his trade secrets. But imagine someone from the outside – maybe even a competitor – claims knowledge of such information. The area of conflict between rights to information and interest in confidentiality is discussed for more than 30 years in German law doctrine and practice. The situation got even more complex when the legislator enacted the Enforcement Directive of the European Union in 2008. Why more complex? Because rights to information have been enlarged enormously, while confidentiality has been instituted a Court duty without any legal advice.
But how is the Court supposed to protect confidential information, when there hasn’t been any established procedure? What about the experts, the lawyers, and most importantly: what about litigant and defendant?
This study shows the only way to protect all affected interests coequally: it introduces the “relatives Geheimverfahren” (relative secret proceeding).