Secrecy

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The secret of receiving stolen goods is a criminal offense in the German competition law and in § 23 para. 2 of the Law on the Protection of trade secrets (GeschGehG) (until April 2019 § 17 para. 2 no. 2 UWG regulated).

According to this, anyone will be punished who has acquired business or trade secrets which have been obtained through a previous offense pursuant to Section 23 Paragraph 1 GeschGehG (until April 2019 pursuant to Section 17 Paragraph 1 or Paragraph 2 No. 1 UWG) or otherwise obtained by the perpetrator without authorization, exploited or passed on. The penalty is imprisonment for up to three years or a fine . If the offender is acting commercially, is aware that the secret is to be used abroad or if he himself uses the secret abroad, the penalty is imprisonment of up to five years or a fine (Section 23 (4) GeschGehG). The offense is an offense ( Section 12 (2 ) StGB ). The trial is indeed made in accordance with § 23 para. 5 GeschGehG punishable.

The offense is only pursued upon application or because of special public interest (Section 23 (8) of the GeschG).

Individual evidence

  1. § 23 GeschGehG Breach of Business Secrets Law on the Protection of Business Secrets. Retrieved February 8, 2020 .