(1) Anyone disclosing a secret of the company without having been authorised to do so, namely a trade or business secret, of which they have become aware in their capacity as:
1. a member of the management board or of the supervisory board or a liquidator,
2. an auditor or as the agent of an auditor
is liable to a term of imprisonment not exceeding one year, in the case of listed companies to a term of imprisonment not exceeding two years or to payment of a fine; in the case of no. 2, however, they will be so liable only if the deed is not punishable pursuant to section 333 of the Commercial Code.
(2) Where the perpetrator is acting in return for remuneration or with the intention of enriching themselves or some other party or of causing damage to some other party, they are liable to a term of imprisonment not exceeding two years, in the case of listed companies to a term of imprisonment not exceeding three years or to payment of a fine. Likewise, anyone is liable to punishment who, without having been authorised to do so, exploits a secret of the type designated in subsection (1), namely a trade or business secret, of which they have become aware subject to the pre-requisites set out in subsection (1).
(3) The offence will be prosecuted only upon an application having been filed by the company. Where a member of the management board or a liquidator has committed the deed, the supervisory board is entitled to file the corresponding petition; where a member of the supervisory board has committed the deed, the members of the management board or the liquidators is entitled to file the corresponding petition.