Taking customer data with you – a trivial offence?

Everybody knows the problem - a long-time employee leaves his own company and switches to a competitor.

And then, all of a sudden, his own customers follow him because of the relationship with their contact person that has grown over the years.

As a result, the question arises whether this change was made on the customer's initiative or whether the new employee was sustainable.

The Regional Court of Cologne recently declared that such promotional contact with former customers is anti-competitive.

In the aforementioned dispute, an employee contacted former customers by telephone in order to convince them of his new employer under the pretext of a personal farewell interview.

The Regional Court of Cologne classified the pretext as not very credible and ordered the defendant company to cease and desist.

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