Aktienrechtliche Aufsichtsverschwiegenheit und Informationsprivileg der öffentlichen Hand

»Supervisory Board's Duty of Confidentiality under Corporation Law versus Information Privilege of the Public Government. A Reevaluation Exclusively According to Corporation Law«: Stock corporation law prohibits the Supervisory Board from disclosing company secrets. According to Sections 394, 395 of the German Stock Corporation Act (AktG), it is permitted to disclose information to the public administration in case of state participation. According to the prevailing view, this is intended to create a tension between the duty of confidentiality and the duty to report. However, a compatibility of the duties of conduct, which are initially perceived as contradictory, follows from an autonomous reevaluation of stock corporation law.