(1) Anyone disclosing a secret of any legal entity involved in a transformation without having been authorised to do so, namely a trade or business secret, of which they have become aware in their capacity as
1. member of the representative body, shareholder or partner authorised to represent the enterprise, member of a supervisory board, or liquidator of this or some other legal entity involved in the transformation,
2. merger auditor, auditor reviewing the division, or auditor responsible for reviewing the transfer, or the agent of such auditor,
will be liable to a term of imprisonment not exceeding one year or to payment of a fine provided that the offence, in the case of no. 1, is not punishable under section 85 of the Act on Limited Liability Companies, section 404 of the Stock Corporation Act, or section 151 of the Trade & Industrial Cooperative Societies Act, and in the case governed by no. 2, is not punishable under section 333 of the Commercial Code.
(2) Where the perpetrator is acting in return for remuneration or with the intention of enriching himself or some other party, or of causing damage to some other party, the perpetrator will be liable to a term of imprisonment not exceeding two years or to payment of a fine. Likewise, anyone will be liable to punishment who, without having been authorised to do so, exploits a secret of the type designated in subsection (1), namely a trade or business secret, of which they have become aware subject to the pre-requisites set out in subsection (1).
(3) The offence will be prosecuted only upon an application having been filed by one of the legal entities involved in the transformation. Where a member of a representative body, a shareholder or partner authorised to represent the enterprise or a liquidator has committed the offence, a supervisory board member or a shareholder or partner not authorised to represent the enterprise will be entitled to file the corresponding petition. Where a member of a supervisory board has committed the offence, the members of the management board, the shareholders or partners authorised to represent the enterprise, or the liquidators will be entitled to file the corresponding petition.