Narrow allegation and secret.
First identify which specific secret is alleged and whether it was actually kept secret. Without this, the allegation remains too vague.
White-collar crime
Business secrets in Austrian criminal law: data, know-how and former employees
Business secrets in Austrian criminal law: data removal, know-how, former employees, sections 122 and 123 StGB.
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30 July 2026 · Mag. Christopher Angerer, Rechtsanwalt
Business secrets become relevant in criminal law when data, technical documents, customer lists or know-how are allegedly obtained, disclosed or used without authorisation. Allegations often involve former employees, managing directors or external providers.
This post distinguishes criminal-law allegations from civil-law confidentiality protection. It provides general information for suspects in Austria and does not replace review of the concrete file.
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Quick assessment
Which question should be clarified first?
The first response depends on the pending measure and the documents already available.
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Which situation is closest?
Choose the situation that best matches your current position.
All paths at a glance
Overview of all answers.
Which secret is said to be protected? →
Secure data paths and access.
In data-removal cases, access rights, devices, cloud storage and handover processes matter. Technical traces can exculpate or limit the allegation.
Do not speak without file status.
Any statement about intent, use or former work should wait until file access. The difference between knowledge in a person’s head and protected records is central.
Organise business consequences and deadlines.
Criminal proceedings, employment claims and civil-law measures may run in parallel. Deadlines and responsibilities must therefore be separated clearly.
Which secret is said to be protected?
Which secret is said to be protected?
For business secrets, a general reference to confidential company data is not enough. The concrete information, secrecy measures and economic value are decisive.
Criminal-law review may particularly involve sections 122 and 123 StGB. The issues are breach of secrecy, exploration of a secret and whether data or know-how were obtained or used without authorisation.
From a legal perspective, the first defence line is often precision. Without a clearly identified secret, intent, damage and authorisation cannot be assessed reliably.
Data removal, devices and digital evidence
Data removal, devices and digital evidence
Many allegations arise after a job change, project end or shareholder dispute. Private devices, former access rights and mixed data sets often overlap.
The decisive questions are when data were copied, who had access, whether permission existed and whether the data were later used. Forensic analysis can confirm or contradict the alleged sequence.
During a search or seizure, affected devices and storage media should be documented. Lawful work materials and private data should also be separated.
Distinction from NDA, unfair competition and employment law
Distinction from NDA, unfair competition and employment law
Not every breach of a confidentiality agreement is automatically a criminal case. Civil-law injunctions, damages or employment duties follow their own rules.
For suspects this distinction matters because it changes the procedural focus. What is disputed in civil law may not meet the criminal-law requirements of intent or secrecy.
A coordinated defence considers the file, technical evidence and the company’s non-criminal claims.
Overview
Assessing business secrets in criminal law
The review separates secret, access and use.
| Level | Überblick | Key question |
|---|---|---|
| Secret | specific information | Was it actually secret? |
| Access | permission and time | Who could access what? |
| Use | disclosure or exploitation | Was know-how provably used? |
| Distinction | civil and criminal law | Is this a breach of duty or an offence? |
Process
Four steps in business-secret allegations.
Data paths and permissions come first.
- 011immediately011immediately
Identify secret
Clarify information and protection concept.
- 022early022early
Check access
Assess devices, cloud and permissions.
- 033before statement033before statement
Clarify use
Check later use or disclosure.
- 044before deadline044before deadline
Coordinate proceedings
Separate criminal and civil law.
Important: Deleting, moving or later cleaning files can increase suspicion. Secure the data status and obtain legal review.
FAQ
Business secrets: key questions.
Is breach of an NDA automatically criminal? +
No. A confidentiality agreement can matter in civil law. Criminal law additionally requires offence elements, intent and proof.
May I use knowledge from former work? +
General experience is not the same as protected records or explored secrets. The line depends on the concrete content.
Is this post advice in an individual case? +
No. It provides general information. The concrete assessment depends on the file, allegation and evidence.
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Topics
business secretstrade secretssection 122 StGBsection 123 StGBdatawhite-collar crime
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