Today, trade secrets (“know-how”) represent information that is sometimes priceless for companies and therefore arouse the interest of their competitors. In Austria, the law against unfair competition (UWG) offers appropriate protection for this information.

 

You can find out what innovations these regulations, which have been in force since January 2019, bring for companies when dealing with “trade secrets” and when secret information actually enjoys protection under competition law as a “trade secret” in our current newsletter.

On the business side, it should be noted that the amendment also imposes certain protective obligations on the respective secret holder in the sense of appropriate confidentiality measures, which he must implement in his company so that the confidential information also represents a “trade secret” worthy of protection within the meaning of Section 26b UWG. The specific organizational and technical measures to be taken depend in particular on the type and individual use of the trade secret on the one hand, and on the industry, size and type of company on the other. Since the secret holder is obliged to take appropriate confidentiality measures, appropriate confidentiality obligations should be provided for in the service contracts and specific training for employees in dealing with confidential business information. From a technical point of view, it is advisable to restrict access to confidential information through tiered access authorizations and passwords.
You can find out more innovations in our current newsletter.

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