In proceedings relating to an infringement of business secrecy, secrecy is not enforceable where:
1° The business secret was obtained in the context of the exercise of the right to information and consultation of employees or their representatives;
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2° The disclosure of a business secret by employees to their representatives occurred in the context of the legitimate exercise by the latter of their duties, provided that such disclosure was necessary for that exercise.
The information thus obtained or disclosed remains protected as a business secret with regard to persons other than the employees or their representatives who have had knowledge of it.