Breach of the duty of confidentiality

(1) A person who, without authorisation, discloses a secret of the undertaking (group management, sub-group management) — in particular a trade or business secret — that has come to their knowledge in their capacity as examiner under this Act, or as an assistant to such an examiner, is liable to imprisonment for a term not exceeding one year or to a fine.
(2) Where the offender acts for payment, or with the intention of enriching themselves or another, or of harming another, the penalty is imprisonment for a term not exceeding two years or a fine. The same penalty applies to a person who, without authorisation, exploits a secret of the kind referred to in subsection (1) — in particular a trade or business secret — that has come to their knowledge under the conditions of subsection (1).
(3) The offence is prosecuted only on application by the undertaking (group management, sub-group management).