2024-08-14 - LD Munich - NEC v. TCL - UPC_CFI_487/2023

1. The requirements of Rule 262A.6 RoP also apply with regard to representatives and external experts. It must be clear who is obliged to maintain confidentiality and who can be held responsible and legally liable in the event of a breach of the confidentiality order. 2. If an external expert has not yet been appointed, and it is not possible to determine whether, when, who and how many experts will be appointed, the granting of an access authorisation cannot (yet) be considered. Granting access “in advance” is not appropriate. 3. There is no apparent legal basis for imposing specific measures to maintain confidentiality. Persons subject to confidentiality obligations are free to decide on the specific measures to be taken to protect confidential information. It is only important that the objective of confidentiality is achieved and that the protection of confidential information is guaranteed

In this procedural order the court ordered parts of the submissions to be confidential; with additional aspects regarding party experts. (One of two identical orders, see UPC_CFI_498/2023)