(1) An infringer who acts intentionally or negligently is liable to pay damages to the trade secret holder for any harm arising from the infringement. Section 619a of the German Civil Code (Bürgerliches Gesetzbuch) remains unaffected.
(2) The profit made by the infringer as a result of the infringement may be taken into account when assessing the damages. The claim to damages may also be determined on the basis of the amount that the infringer would have had to pay in appropriate remuneration if he or she had obtained consent to acquire, use or disclose the trade secret.
(3) The trade secret holder may also demand financial compensation from the infringer for damage that is not of a pecuniary nature if it is equitable.