News
Misappropriation of company data, even if not divulged, constitutes a violation of the loyalty obligation
- 20/12/2017
The loyalty obligation, provided for by article 2105 of the Italian Civil Code, is violated when an employee misappropriates data of the company he works for, even if those data are not passed to other people.
With Judgment no. 25147 of 24th October 2017, the Italian Court of Cassation has examined the case of an employee who had transferred to a pen drive a huge amount of data belonging to the company he was working for. The Court has stated that the loyalty obligation is violated even if the data at issue are not destroyed or removed from the device they were taken from. Moreover, it is not relevant that the data were not protected by a password.
The Court has then confirmed the legitimacy of the dismissal of that employee. Also, it has observed that the loyalty obligation is violated when the conduct may harm the interests of the employer; it is not necessary that it has also caused a real damage.
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