To determine the damages due as compensation for the loss actually suffered, the court shall take into separate consideration:
1° The negative economic consequences of the infringement of business secrecy, including loss of profit and loss suffered by the injured party, including loss of opportunity;
2° Non-material damage caused to the injured party;
3° The profits made by the person who infringed the trade secret, including the savings on intellectual, material and promotional investments that he or she made as a result of the infringement.
The court may, as an alternative and at the request of the injured party, award damages in the form of a lump sum that takes into account, in particular, the royalties that would have been payable if the infringer had requested authorisation to use the business secret in question. This sum is not exclusive of compensation for non-material damage caused to the injured party.