Publishing the thesis

In principle, academic theses must be published (§ 86 para. 1 Universities Act (UA), “Duty to Publish“). Above all, this is because the author of an academic thesis should be prepared to be challenged by the scientific community, and because the duty to publish helps to counteract other potential transgressions. This statutory duty to publish is mandatory and consequently it cannot be rescinded by an agreement with a company, an institution, or a third party.

On submitting a piece of scientific or artistic work which has received a positive evaluation, the author shall be entitled to apply for a temporary bar on access to the copies deposited for a limited period not exceeding five years from the time of delivery (§ 86 para. 2 UA). The Rector for Academic Affairs shall allow such an application, if the student establishes beyond a doubt that significant legal or business interests of the student (and not those of a business, of an institution, or of a third party) would be materially endangered by permitting access. Such an application for a temporary bar on access must be lodged online within two weeks from the date of notification of the positive evaluation, using the Campus system. Subsequent applications cannot be considered. Both the application for a temporary bar on access and the duration requested must be duly substantiated.

The “protection of personal data” (“data protection”) does not qualify as a valid argument to substantiate the temporary bar on access to an academic thesis, because, as a matter of principle, the obligation to protect personal data is not subject to any limitation. In § 46, the Data Protection Act includes special provisions pertaining to the use of personal data for the purposes of scientific research or statistics. In particular, any direct reference to persons must be encrypted immediately, if data involving indirect or anonymous references to persons is deemed to suffice during individual stages of the scientific or statistical work.

Refer to § 7 of the Federal Act concerning the Protection of Personal Data (German abbreviation DSG)

The mere reference to a non-disclosure agreement (NDA) with a third party cannot serve as a suitable argument to obtain a temporary bar on access to an academic thesis, because such an obligation to maintain confidentiality is generally agreed without any time limitation. By contrast, an academic thesis is accessible to the public after a maximum of five years in any case.

In the case of a dissertation, the reasons listed in § 86 (4) of the Universities Act in relation to applying for a bar on access, include the possibility of a commercial publication. Provided this claim is properly substantiated, a temporary bar on access can be granted in this case for a maximum of three years.

A “non-disclosure notice“ may only be recorded in the thesis by the Office of Admissions and Records and only in cases where the Rector for Academic Affairs has allowed the temporary bar on access.