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Criminal Code of Kosovo - Legislationline

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Article 291<br />

Entering into harmful contracts<br />

1. A responsible person who engages in an economic activity, enters into a contract that<br />

he or she knows to be harmful for the business organization, or enters into a contract<br />

contrary to his or her authorizations and thereby causes damage to the business<br />

organization shall be punished by imprisonment <strong>of</strong> three (3) months to three (3) years.<br />

2. When the perpetrator <strong>of</strong> the <strong>of</strong>fense provided for in paragraph 1 <strong>of</strong> this Article accepts<br />

a bribe or causes damage exceeding one hundred thousand (100,000) EUR, the<br />

perpetrator shall be punished by imprisonment <strong>of</strong> one (1) to ten (10) years.<br />

Article 292<br />

Unauthorized communication <strong>of</strong> trade secrets<br />

1. Whoever, in violation <strong>of</strong> his or her duties to protect business or trade secrets<br />

communicates or conveys information about a business or trade secrets to another person<br />

or otherwise enables any unauthorized person to access such information or collects such<br />

information with the intent to convey it to an unauthorized person shall be punished by a<br />

fine or imprisonment <strong>of</strong> up to three (3) years.<br />

2. Whoever, with the intent to use in an unauthorized way, unlawfully acquires<br />

information that is protected as a business or trade secret as provided for in paragraph 1<br />

<strong>of</strong> this Article shall be punished as provided in paragraph 1 <strong>of</strong> this Article.<br />

3. When the information provided for in paragraph 1 or 2 <strong>of</strong> this Article is <strong>of</strong> such special<br />

importance or if it is conveyed to another person with the intent to transmit such<br />

information outside <strong>of</strong> the Republic <strong>of</strong> <strong>Kosovo</strong>, or if the act is committed with the intent<br />

to obtain a material benefit, the perpetrator shall be punished by a fine and imprisonment<br />

<strong>of</strong> up to five (5) years.<br />

4. When the <strong>of</strong>fense provided for in paragraph 1 or 3 <strong>of</strong> this Article is committed by<br />

negligence, the perpetrator shall be punished by a fine or imprisonment <strong>of</strong> up to one (1)<br />

year.<br />

5. Whoever, with the intent to convert a trade secret to the economic benefit <strong>of</strong> anyone<br />

other than its owner, steals, or without authorization takes, or by fraud or deception<br />

obtains information provided for in paragraph 1 <strong>of</strong> this Article shall be punished by a fine<br />

and imprisonment <strong>of</strong> up to five (5) years.<br />

6. Whoever receives, buys, or possesses a trade secret, knowing the same to have been<br />

stolen or obtained without authorization, shall be punished by a fine or imprisonment <strong>of</strong><br />

up to three (3) years.<br />

153

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