UPC CFI LD Düsseldorf, 14 February 2024: Rule 262A CMS workflow provides provisional secrecy protection

Incremental procedure for protection of confidential information in the Rule 262A CMS workflow, grants provisional secrecy protection. 

Both a redacted and unredacted version of the documents concerned need to be uploaded in the CMS and at the same time file a secrecy protection request for these documents via the workflow provided for this purpose in accordance with Rule 262A RoP. 

If this option is used, only the redacted version is initially visible to the opposing party until the unredacted version is released by the sub-registry of the local division on the explicit instruction of the judge. 

Prior to this release, the CMS gives the rapporteur the opportunity within the R. 262A workflow to issue orders for the provisional protection of the (allegedly) confidential documents. 

As a rule, the judge-rapporteur will follow the applicant's initially unilateral assessment of the confidential nature of the document and, by means of such an order, restrict the group of persons authorised to access the document until the final decision on the application for secrecy protection. 

In a first step, the document is initially only released to the opposing party's representative, unless the applicant himself authorises the release to other persons yet to be named by the opposing representative. 

Because of principles of fairness and fairness (Preamble (5) RoP), the party seeking confidentiality will be informed and given opportunity to comment, if on the basis of the content of the application for protection of confidential information, the judge-rapporteur considers such a provisional secrecy protection order to be dispensable in exceptional cases. 

The opportunity to comment, which must be granted at the same time, offers the party concerned the opportunity to react to the threat of unprotected disclosure of the information it considers to be confidential and, if necessary, to declare that the documents in question should not be made the subject of the proceedings, or not in their entirety. 

As a result, all documents submitted together with an application for secrecy protection pursuant to Rule 262A RoP are subject to provisional secrecy protection.

IPPT20240214, UPC CFI, LD Düsseldorf, 10x Genomics v Curio Bioscience