Section 17a GenTG confidential documents – what are they?

Confidential documents can be considered trade and business secrets if their disclosure could cause operational or commercial harm to the operator (Section 17 (1) GenTG). The term "operational or business damage" is defined very broadly, encompassing any economic disadvantage. The formerly patented Coca-Cola formula serves as a prime example. Section 17a (2) GenTG negatively defines what is not considered a trade and business secret for genetic engineering documents. For example, general information such as the name and address of the operator, the intended use, the safety level and security measures, and the location of the genetic engineering facility are not considered trade and business secrets. Even the general characteristics or description of the GMO, its methods and plans for monitoring, emergency measures, and risk assessment are not considered trade and business secrets. Furthermore, it is the operator's responsibility to mark trade or business secrets as confidential, i.e., to "black them out." In the case of third parties being consulted in the approval process, such as in the application for approval of an S3 plant, the authority is therefore only required to provide a detailed presentation of the content of the documents so that a third party, such as an environmental association, can assess whether and to what extent the third party may be affected by the project's impacts. Confidentiality of trade and business secrets must also be maintained if the operator withdraws its application for approval (Section 17a (4) GenTG). This is also consistent, as the protected documents remain with the authority even in this case.