(1) A trade secret may, in particular, be acquired by
1. independent discovery or creation;
2. observation, study, disassembly or testing of a good or object that
a) has been made available to the public or
b) that is lawfully in the possession of the observer, investigator, disassembler or tester and this person is free from any duty to limit the acquisition of the trade secret;
3. exercise of the rights of workers to information and consultation or the rights of workers’ representatives to participation and codetermination.
(2) A trade secret may be acquired, used or disclosed if this is permitted by law, by virtue of a law or by transaction.