SWISS FEDERAL SUPREME COURT ACQUITS ON BREACH OF TRADE SECRECY

DECISION 6B_725/2024 (13 JANUARY 2026)

The Firm obtained another successful decision from the Swiss Federal Supreme Court. In case 6B_725/2024 of 13 January 2026, the Court upheld the appeal and overturned the conviction of a major player in the insurance market for violation of trade secrets, importantly delineating the scope of Article 162 SCC.

At the heart of the ruling lies a decisive clarification: the disclosure of a protected secret to an unauthorised third party is a necessary condition for criminal liability under Article 162 SCC. The Federal Supreme Court confirmed that mere possession or use of confidential information - absent of any legally relevant disclosure - does not fulfil the statutory elements of the offence.

KEY TAKEAWAYS

• TRADE SECRETS

Article 162 SCC provides for two punishable variants: (i) the revelation of a protected secret to an unauthorised third party, and (ii) the exploitation by a third party of a secret that has been unlawfully disclosed. In both cases, the act of disclosure to a third unauthorised party is a sine qua non element. Proper use by the person bound by secrecy is insufficient to consume the offense.

• CORPORATE COMPLAINANTS

The dissolution of a legal entity does not extinguish a criminal complaint validly filed prior to such dissolution.

• UNFAIR COMPETITION – INTERNATIONAL JURISDICTION

The Federal Supreme Court adopted a broad concept of unity of conduct under the Unfair Competition Act, holding that separate acts of disparagement, including acts committed abroad, may fall under Swiss jurisdiction when directed against a Swiss undertaking.

The SKANDAMIS AVOCATS team was led by Managing Partner Romanos Skandamis and Senior Associate Christopher D’Ambrosio.