von Göler (Hrsg.) / / § 85
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§ 85 Breach of confidentiality

(1) Whoever without authority discloses a company secret, in particular a business or trade secret, which has become known to him in his capacity as director, member of the supervisory board or liquidator, shall be liable to imprisonment for no more than one year or a fine.

(2) If the actor acts against payment or with the intent to enrich himself or another or to harm another, he shall be liable to imprisonment for no more than two years or a fine. Whoever without authority makes use of a secret of the type referred to in subsection (1), in particular a business or trade secret, which became known to him under the conditions referred to in subsection (1), shall be liable under the same terms.

(3) The act shall be prosecuted only upon the application of the company. Where a director or a liquidator has committed the act, the supervisory board and, if there is no supervisory board, special representatives appointed by the shareholders shall be authorised to make such application. Where a member of the supervisory board has committed the act, the directors or the liquidators shall be authorised to make such application.

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