(1) A prison sentence of up to three years or a fine is imposed on anyone who, to foster their own competition or that of a third party, or for their own benefit, for the benefit of a third party or with the intention of damaging a business owner,
1. acquires a trade secret in breach of section 4 (1) no. 1,
2. uses or discloses a trade secret in breach of section 4 (2) no. 1 letter (a) or
3. as a person employed in a business, discloses a trade secret with which he or she was entrusted or to which he or she had access within the framework of the employment relationship during the period of validity of the employment relationship, in breach of section 4 (2) no. 3,
(2) A sentence is also imposed on anyone who, to foster their own competition or that of a third party, or for their own benefit, for the benefit of a third party or with the intention of damaging a business owner, uses or discloses a trade secret that he or she has obtained through the action of a third party under subsection (1) no. 2 or no. 3.
(3) A prison sentence of up to two years or a fine is imposed on anyone who, to foster their own competition or that of a third party or for their own benefit, uses or discloses a trade secret comprising a secret model or an instruction of a technical nature entrusted to him or her in the course of trade, in breach of section 4 (2) no. 2 or no. 3.
(4) A prison sentence of up to five years or a fine is imposed on anyone who
1. acts on a commercial basis in the cases under subsections (1) or (2),
2. knows at the time of disclosure in the cases under subsection (1) no. 2 or no. 3 or subsection (2) that the trade secret is to be used abroad, or
3. uses the trade secret abroad in the cases under subsection (1) no. 2 or subsection (2).
(5) Attempted perpetration is punishable.
(6) Acts of aiding by one of those persons referred to in section 53 (1) sentence 1 no. 5 of the Code of Criminal Procedure (Strafprozessordnung) are not deemed unlawful if they are restricted to the receipt, analysis or publication of the trade secret.
(7) Section 5 no. 7 of the German Criminal Code applies accordingly. Sections 30 and 31 of the German Criminal Code apply accordingly if the perpetrator acts to foster their own competition or that of a third party, or for their own benefit.
(8) The offence is prosecuted only upon application unless the prosecuting authority deems there to be a special public interest in prosecution which calls for ex officio intervention.