In a decision of 24 March 2017, the Supreme Court (criminal division - decision no. 14546), has held that sending a company's files outside the workplace can constitute a crime.

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In this case, the Supreme Court had to decide whether the crime, "Illegal access to a computer or telecommunications system" (art. 615-ter of the Italian Criminal Code), applies to circumstances in which an employee sends out of the workplace by email (assigned to him by the employer) confidential company documents and/or related know-how.

The Supreme Court stated that, in order to determine whether unauthorized access to the computer system has occurred, you need to check whether the employee has complied with the company's rules on access to, and use of, the company's computer system. Therefore, there may be a criminal case to answer under Article 615-ter of the Italian Criminal Code if the employment contract prohibits the sending of confidential work documents outside the workplace via the company's email account.