UPC CFI LD Düsseldorf, 30 August 2024: A negative fact can be a trade secret
14-09-2024 Print this page
Protected confidential information – trade secrets (Article 9 Trade secret directive, Article 58 UPCA, Rule 262A RoP).
Information on profit margin can be classified as confidential if it is not available from publicly accessible sources. Information about the few employees having access to this financial information appears to be valuable and confidential in itself.
Information that certain products do not support certain functionalities may also be confidential. The existence of a negative fact does not per se exclude the need for secrecy.
Information about the group of persons with relevant detailed knowledge of technical information classified a confidential. That information knowledge harbours the potential for targeted attacks in order to obtain confidential information concerning specific, secret functionalities.
