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future profits. This may cause competitive restrictions for <strong>Evonik</strong>-Group with a detrimental impact on the<br />

asset, financial and profit situation of <strong>Evonik</strong>-Group as well as its general business activities.<br />

Should <strong>Evonik</strong>-Group not invoke and/or have invoked its rights within the scope of the provisions of the<br />

German Employee Invention Act (Arbeitnehmererfindergesetz) or similar regulations in other countries there<br />

may be a risk of the individual employees eventually becoming owners of the rights relating to the respective<br />

invention. <strong>Evonik</strong>-Group would then have to acquire license rights from these employees or obtain licenses<br />

for similar/alternative technologies from third parties in order to be permitted to use these technologies or<br />

procedures. Furthermore, employee inventors may raise remuneration claims against <strong>Evonik</strong>-Group for<br />

inventions made by them in the course of their employment.<br />

Since <strong>Evonik</strong>-Group's competitors also submit patent applications relating to their inventions to a significant<br />

extent and obtain the relevant protection, <strong>Evonik</strong>-Group may infringe third parties' patents and other<br />

intellectual property rights. <strong>Evonik</strong>-Group may have to rely on using third parties' technologies by acquiring<br />

the relevant licenses which would entail license fees and other costs. Possible supply and production<br />

restrictions due to patent infringements or the subsequent acquisition of the relevant licenses may have a<br />

detrimental impact on the asset, financial and profit situation of <strong>Evonik</strong>-Group as well as its general business<br />

activities.<br />

Information technology risks<br />

In order to secure its operability in all three business areas <strong>Evonik</strong>-Group is dependent on the efficient and<br />

uninterrupted functionality of its servers and data processing systems. Given that the latter are, however,<br />

particularly susceptible to interferences, damages, breakdowns, computer viruses, fires and similar events as<br />

well as attacks by computer hackers, an interruption or breakdown of the operations cannot entirely be ruled<br />

out despite the comprehensive control, monitoring and security systems. If an interruption or breakdown of<br />

<strong>Evonik</strong>-Group's servers or data processing systems occurs affecting the operation of one or more business<br />

areas at <strong>Evonik</strong>-Group this may have a detrimental impact on the asset, financial and profit situation of<br />

<strong>Evonik</strong>-Group as well as its general business activities.<br />

<strong>Evonik</strong>-Group stores and uses a large amount of private data in its data processing systems, in particular in<br />

connection with the administration of lessee data in the Real Estate Business Area and all of the employee-related<br />

information of the entire group. It is thus subject to the Federal Data Protection Act (Bundesdatenschutzgesetz)<br />

and similar regulations. Unauthorised access to such information by a third party may cause damage to <strong>Evonik</strong>-<br />

Group's reputation, constitute infringements of administrative and criminal law and grant the affected persons a<br />

right to damage claims against the relevant <strong>Evonik</strong>-Group company. Events of this kind may have a detrimental<br />

impact on the asset, financial and profit situation of <strong>Evonik</strong>-Group as well as its general business activities.<br />

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