New Rules for the Protection of Trade Secrets in Court Proceedings in Germany: What Changed in 2025?

In 2025, Germany introduced significant reforms aimed at strengthening the protection of trade secrets during civil court proceedings. These changes were implemented as part of the Justizstandort-Stärkungsgesetz, a broader legislative package designed to modernize the judicial system and increase its competitiveness at the international level. One of the most noteworthy innovations is the new § 273a of the German Code of Civil Procedure (ZPO), which establishes enhanced mechanisms for safeguarding sensitive business information in litigation.

The new rules respond to a long-standing issue: companies often hesitate to take legal action because court proceedings require the disclosure of commercially sensitive data that might later become accessible to competitors or the public. The reform seeks to eliminate this barrier by offering procedural tools that ensure greater confidentiality without compromising the principles of fairness and transparency in judicial processes.

Under the updated framework, courts now have wider authority to classify specific information as protected and restrict access to documents and court hearings. Parties may request confidentiality orders, and judges may impose obligations limiting how trade secrets can be used, viewed, or shared throughout the litigation. Importantly, violations of these restrictions may trigger sanctions, which further strengthens the enforceability of the new protection regime.

At the same time, the reform introduces clearer standards for courts when assessing whether certain data qualifies as a trade secret. This provides businesses with more predictability and ensures that protection is granted consistently. The new procedural rules also offer a balanced approach: while protecting corporate know-how, they still guarantee that each party can exercise its right to be heard, enabling fair and efficient trials.

For companies involved in commercial disputes in Germany, the changes introduced in 2025 mark an essential shift. Businesses can now pursue claims—including complex cases involving technology, finance, or intellectual property—without the fear that litigation itself may lead to the unwanted disclosure of strategic information. As Germany strengthens its position as a secure and reliable jurisdiction for commercial litigation, these new confidentiality rules play a crucial role in shaping a more business-friendly legal environment.