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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 them in their capacity as director, member of the supervisory board or liquidator incurs a penalty of imprisonment for a term of no more than one year or a fine.

(2) Where the offender acts against payment or with the intent to enrich himself or herself or another or to harm another, he or she incurs a penalty of imprisonment for a term of 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 has become known to them under the conditions of subsection (1) is liable under the same terms.

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

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