Criminal defense for Violation of Trade Secrets in Bonn

In brief: Obtaining, using or disclosing a trade secret to promote competition, for personal gain, or with intent to cause harm. The sentencing range is Up to 3 years imprisonment or a fine; up to 5 years where committed on a commercial basis or with a foreign element (subs. 4) (§ 23 GeschGehG). What matters is the evidence – we assess it after obtaining the case file.

Legal Basis

§ 23 GeschGehG

Sentencing Range

Up to 3 years imprisonment or a fine; up to 5 years where committed on a commercial basis or with a foreign element (subs. 4)

Summary

Obtaining, using or disclosing a trade secret to promote competition, for personal gain, or with intent to cause harm.

The trigger is almost always the same: a change of job. Shortly before the last working day, files are copied to a USB stick, contacts are exported from the CRM, or emails are forwarded to a private address. Weeks later the former employer files a criminal complaint, usually together with an application for an interim injunction.

The definition is the hurdle

Section 23 of the Trade Secrets Act builds on Section 2 no. 1 of that Act. A trade secret exists only where the information is secret, has commercial value, is the subject of reasonable steps to keep it secret taken by the holder, and there is a legitimate interest in keeping it secret. The requirement of reasonable protective steps was added in 2019 and decides most cases.

That yields a concrete examination. Was there an access-rights concept? Were the files access-restricted, or did they sit on a drive any employee could open? Was there a confidentiality agreement, and did it relate to the specific data or was it merely a boilerplate clause in the employment contract? Where the protective steps are missing, the trade secret is missing, and with it the offence.

The time window of subsection 1 no. 3

The variant employers most often invoke is Section 23(1) no. 3: disclosure by an employed person. The wording limits it to disclosures made during the term of the employment relationship. Someone who discloses only once at the new employer falls outside no. 3. What remains are nos. 1 and 2 and subsection 2, each with its own requirements.

A complaint offence, with an exception

Under Section 23(8) the offence is prosecuted only on application, unless the prosecuting authority affirms a particular public interest. In practice this means that an understanding with the former employer, usually reached within the employment or unfair competition proceedings, can end the criminal case. Conversely, what is conceded in the civil proceedings is read by the prosecution.

Attempt is punishable under subsection 5. Copying alone can therefore matter, even where the data were never used.

Summons or accusation of Violation of Trade Secrets? What matters now

Two things matter immediately: say nothing to the police about the allegation – you are never obliged to – and have your defense obtain the investigation file first. In detail: your rights as an accused person, responding to a police summons.

Possible discontinuation of proceedings

Not every case ends in a trial. Depending on the evidence and any prior record, the proceedings may be discontinued for lack of sufficient suspicion (§ 170 II StPO), for triviality (§ 153 StPO) or subject to conditions (§ 153a StPO). Often a penalty order without a public trial can be achieved.

Victim-offender mediation and restitution

In many cases, victim-offender mediation or making good the damage (§ 46a StGB) can significantly reduce the sentence or enable a discontinuation. Whether this is advisable in your case is something we assess based on the file.

What we do after reviewing the file

We assess the evidence, look for procedural errors and negotiate with the prosecution about a discontinuation.

Available 24/7: +49 228 504 463 36

This information does not replace a review of the individual case. In criminal proceedings, the defense strategy depends substantially on the case file, the specific allegation and the evidence.