Breach of the duty of secrecy

(1) Whoever discloses without authorisation a secret of the cooperative, in particular a trade or business secret, that has become known to him or her in his or her capacity as
1. a member of the management board or the supervisory board or as a liquidator, or
2. an auditor or assistant of an auditor, is liable to imprisonment of up to one year or a fine, in the case of number 2 however only where the act is not punishable under section 340m in conjunction with section 333 of the Commercial Code.
(2) Where the offender acts for remuneration, or with the intention of enriching himself or herself or another, or of causing damage to another, the penalty is imprisonment of up to two years or a fine. The same penalty applies to whoever, without authorisation, exploits a secret of the kind designated in subsection (1), in particular a trade or business secret, that has become known to him or her under the conditions of subsection (1).
(3) The act is prosecuted only on complaint of the cooperative. Where a member of the management board or a liquidator has committed the act, the supervisory board is entitled to complain; where a member of the supervisory board has committed the act, the management board or the liquidators are entitled to complain.