Categories: Insights, Case Law


26 Jun 2017

Company know-how prevails over the employee’s right of defence

The Court of Cassation, with judgement No. 12804 dated 22 May 2017, stated that a disciplinary measure can be applied to any employee who photocopies material representing company know-how, even if such activity is carried out to protect the employee’s right in a legal proceeding. In the specific case, the employee, first disciplined and then dismissed, appealed to the Court of Cassation stating that (i) the photocopying of the company material was necessary for his defence since he had been demoted for a long time (ii) the documentation was not confidential, and, in any case (iii) the protection of rights shall prevail over the duty of confidentiality. According to the Court of Cassation, this reason cannot be deemed well founded since, “even from the testimony performed”, it appeared that the photocopying did not concern “a mere proprietary material of the company”, but “instructions that contained specific information regarding the type of materials, procedures and the tools used (…) thus actual company know-how whose confidentiality is strengthened by the need not to divulge to third parties (including those who may be competitors) knowledge that has a production importance“. Therefore, according to the Court, what is emphasized is not “a generic duty not to disclose corporate documents, but a specific obligation to keep confidential documents that concern important and significant aspects of the employer’s production organization.” Documents that, among other things, the employee, according to the Court, could have requested to obtain through the court under Article. 210 of the code of civil procedures.

Subscribe to our newsletter

Contact

Need information? Write to us and our team of experts will respond as soon as possible.

Fill in the form

More news and insights

20 May 2026

Webinar “May 1st Decree: Key Updates and what’s New” –  HR Coffee with De Luca & Partners

On the occasion of our webinar “An HR Coffee with De Luca Partners,” the speakers Silvia Zulato, Senior Associate, and Alessandro Riccardo Polli from the Labour Consulting Division…

12 May 2026

Legitimate dismissal for false attendance reporting and misuse of access system data (Camera di Commercio Francese in Italia – Vittorio De Luca, Silvia Zulato)

With Order No. 7985 of 31 March 2026, the Italian Supreme Court – Labour Section – confirmed the lawfulness of a dismissal for just cause imposed on an…

30 Apr 2026

Webinar “Bonuses: What Do You Need to Know About Objectives?” – HR Coffee with De Luca & Partners

Yesterday, during our first webinar “HR Coffee with De Luca & Partners", the speakers Vittorio De Luca, Managing Partner, and Alessandra Zilla, Managing Associate at De Luca &…

27 Apr 2026

Management of corporate email after termination of employment: the Italian Data Protection Authority extends the right of access to all emails in the individual email account 

“An employee may access the messages in their corporate email account and the documents stored on their computer after the termination of employment. Any limitations must be justified by specific…

27 Apr 2026

Unemployment benefits and resignation following transfer beyond 50 km: distance alone is not sufficient, employer’s breach must be proven  

With order no. 10559 of 21 April 2026, the Italian Supreme Court addressed the issue of unemployment benefits (i.e. “NASpI”) in the context of resignations for just cause following…

27 Apr 2026

DID YOU KNOW THAT… the probationary period clause is null and void if the duties are described in generic terms? 

The Court of Milan, with judgment no. 683 of 3 April 2026, reaffirmed that a probationary clause (i.e. “patto di prova”) is valid only if it contains a specific indication of the duties subject to…